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JOURNAL 


Off  THE 


NSTITUTIONAL    CONVENTION 


OF  THE 


STATE  OP  NORTH- CAROLINA, 


AT   ITS 


SESSIOK    1868, 


HALEIGH: 

Joseph  w.  holden,  convention  printer 
1868, 


C3Ha.O. 


ch 


1s 


JOURNAL 


OF   THE 


CONSTITUTIONAL    CONTENTION. 


NORTH-CAROLINA     STATE    CONSTITUTIONAL 

CONVENTION. 

The  Convention  of  delegates,  elected  by  the  people  of  the 
several  counties  ol  the  State  of  North-Carolina,  in  pursuance 
of  the  laws  of  Congress  and  the  orders  thereunder  issued  by 
the  General  Commanding  the  Second  Military  District,  as- 
sembled in  the  Commons  Hall  of  the  Capitol,  in  the  City  of 
Raleigh,  on  the  fourteenth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-eight,  and  of  the 
independence  of  the  United  States,  the  ninety-third,  under 
and  by  the  following  authority : 

HEADQUARTERS    SECOND   MILITARY  DISTRICT, 

Charleston,  S.  C,  December  31,  1867. 


a- 


general  orders, 
no.  165. 


At  the  election  held  in  the  State  of  North-Carolina,  on  the 

19th  and  20th  days  of  November,  1867,  pursuant  to  General 

Orders,  No.  101,  from  these  Headquarters,  dated  October  18, 

<L    1867,  a  majority  of  the  registered  voters  of  the  said  State  hav- 

.     ing  voted  on  the  question  of  holding  a  Convention,  and  a  ma- 

-~     jority  of  the  votes  cast  being  in  favor  of  holding  such  Conven- 


4  CONVENTION  JOUKNAL.  [Session 

tion,  the  delegates  elected  thereto,  and  hereinafter  named, 
are  hereby  notified,  in  conformity  with  the  provisions  of  the 
fourth  section  of  the  act  of  Congress  of  March  23,  1867,  to 
assemble  in  Convention  in  the  City  of  Raleigh,  North-Caro- 
lina, at  noon,  on  Tuesday,  the  14th  day  of  January,  1868,  for 
the  purpose  of  framing  a  constitution  and  civil  government 
according  to  the  provisions  of  the  aforesaid  Act  of  the  23d 
day  of  March,  1867,  and  of  the  Act  of  the  2d  day  of  March, 
1867,  to  which  it  is  supplementary. 

A  copy  of  this  order  will  be  furnished  to  each  of  the  persons 
hereinafter  named,  and  shall  be  the  evidence  of  his  having 
been  elected  as  a  delegate  to  the  aforesaid  Convention. 

DELEGATES: 

Counties  of  Burke  and  McDowell. — John  S.  Parks,  W 
A.  B.  Murphy. 

Counties  of  Rutherford  and  Polk. — W.  H.  Logan,  Jesse 
Rhodes, 

Counties  of  Yancey  and  Mitchell. — Julius  S.  Garland. 

Counties  of  Madison,  Buncombe,  Henderson  and  Tran- 
sylvania.— Geo.  W.  Gahagan,  J.  H.  Duckworth,  Thos.  J. 
Candler. 

Counties  of  Haywood  and  Jackson. — "W".  G.  B.  Garrett. 
v  Counties  of  Macon,  Clay  and  Cherokee. — Mark  May, 
Geo.  W.  Dickey. 

Counties  of  Alleghany,  Ashe,  Surry,  "Watauga  and 
Yadkin. — Saml.  Forkner,  Evan  Benbcw,  Geo.  W.  Bradley, 
Edwin  C.  Bartlett. 

Counties  of  Caldwell,  Wilkes,  Iredell  and  Alexan- 
der.—Calvin  J.  Cowles,  Calvin  C.  Jones,  Wesley  H.  George, 
John  Q.  A.  Bryan,  Jerry  Smith. 

Counties  of  Davie  and  Rowan. — Allen  Rose,  Dr.  Milton 
Hobbs,  Isaac  M.  Shaver. 

County  of  Cleveland. — Plato  Durham. 

County  of  Catawba. — James  R.  Ellis. 

County  of  Lincoln. — Joseph  H.  King. 

County  of  Gaston. — Milot  J.  Aydlott. 


1868.]  CONVENTION  JOURNAL.  5 

County   of   Mecklenburg. — Edward  Fullings,    Silas    N. 
Stilwell. 

County  of  Union. — Win.  NewsonL     • 

County  of  Cabarrus. — W.  T.  Blume. 

County  of  Stanley. — Levi  0.  Morton. 

County  of  Anson. — George  Tucker,  Henry  Chlllson. 

County  of  Stokes. — R.  F.  Petree.    •• 

County  of  Forsyth  e. — E.  B.  Teague. 

County  of  Davidson. — Isaac  Kinney,  S.  Mulliean. 

County  of  Randolph. — T.  L.  L.  Cox,  R.  F.  Trogden.  > 

County  of  Guilford. — G.  W.  Welker,  A.  W.  Tourgee. 

County  of  Rockingham. — H.  Barnes,  John  French. 

County  of  Caswell. — WikonjClajNgy,  P.  Hodnett. 

Counts  of  Alamance. — Henry  M.  Ray, 

County  of  Person. — William  Merritt. 

County  of  Orange. — E.  M.  Holt,  J.  W.  Graham. 

County  of  Chatham. — J.  A.  McDonald,  W.  T.  Gunter. 

County  of  Wake. — S.  D.  Franklin,  J.  P.  Andrews,  B.  S 
D.  WilHama/jjgflfis  H,  _ Harris.! (2$ 

County  of  Granville. — J.  W.   Ragland,  J.  J.  Moore,  jC. 
Mayo. 

County  of  Warren. — tJohn  HymaiyC  John  Bead. 

County   of   Franklin.— r  John   H.  Williamson.  James  T.  *^ 
Harris.  **"~  V 

County  of  Cumberland. — W.  A.  Mann,  'J.  W.  Hood.u 

County  of  Harnett. — J.  M.  Turner. 

County  of  Moore. — S.  S  McDonald. 

County  of  Montgomery. — Geo.  A.  Graham. 

County  of  Richmond. — R.  T.  Long,  Sr. 

County  of  Wayne. — H.  L.  Grant,  J.  Hollowell. 

County  of  Johnston. — Dr.  James  Hay,  Nathan  Gulley. 

County  of  Greene. — J.  M.  Patrick. 

County  of  Wilson. — W.  Daniel. 

County  of  Nash. — Jacob  Ing.  >i  g 

County  of  Halifax.— :Henry  Epps,  J.  H.  Renfrow,  W.  J. 
T.  Hayes. 
'"  County  of  Northampton. — R.  C.  Parker,  H.  T.  Grant. 


3 


6  CONTENTION  JOURNAL.  [Session 

County  of  Edeecombe. — J.  H.  Baker,  Henry   A.   Dowd, 
"•Henry  C.  Cherry. 

County  of  Lenoir. — R.  W.  King. 
County  of  Brunswick. — Edwin  Legg. 
County  of  Columbus. — Haynes  Lennon. 
County  of  Robeson. — Joshua  L.  Nance,  O.  S.  Hayes. 
County  of  Bladen. — A.  W.  Fisher,  F.  F.  French. 
County  of  New  Hanover. — General  J.  C.  Abbott,  S.  S. 
Ashley,' A.  H.  Galloway.' ->  St 

Countyof  Duplin.— J.  W.  Peterson,  *S.ajnji£lHighsniith. 
County  of  Sampson. — Sylvester   Carter,   Alexander  Wil- 
liams. 

Counties  of  Tyrrell  and  "Washington. — E.  W.  Jones. 
County  of  Martin. — Samuel  W.  Watts.      - 
County  of  Bertie.— F^J^j&obbms/Bryant  Lee. 
County  of  Hertford.— J.  B.  Hare. 
*     County  of  Gates. — Thomas  L.  Horner. 
County  of  Chowan. — John  R.  French. 
i     County  of  Perquimans. — Dr.  Wm.  Nicholson. 

Counties  of  Pasquotank  and  Camden.— C.    C.  Pool,  M. 
Taylor. 

County  of  Currituck. — Thomas  Sanderlin. 
County  of  Craven. — David  Heaton,  W.  H.  S.   Sweet,' C 
D.  Pierson. 

County  of  Onslow. — Jasper  Etheridge. 
County  of  Carteret. — Abraham  Congleton. 
County  of  Jones. — David  D.  Colgrove. 
County  of  Beaufort. — W.  B.  Rodman,  William  Still ey. 
County  of  Pitt. — Byron  Larlin,  D.  J.  Rich. 
County  of  Hyde. — Andrew  J.  Glover. 
By  Command  of  Brevet  Major-General  Ed.  R.  S.  Canby  : 

LOUIS  V.  CAZIARC, 
Aid-de-Camp, 

Actg.  Asst.  Adjt.  Genl. 
Official  : 

Jacob  F.  Churr, 

Actg.  Asst.  Adjutant  General. 


1868.]  CONVENTION  JOURNAL.  7 

At  12  o'clock,  the  delegates  to  the  State  Constitutional 
Convention,  assembled  in  the  Commons  Hall,  and  proceeded 
to  organize  temporarily. 

Mr.  Kinney,  of  Davidson,  called  the  Convention  to  order. 

Mr.  Heaton,  of  Craven,  moved  that  Mr.  Kinney  be  author- 
ized to  call  the  Convention  to  order,  which  motion  was 
carried. 

Mr.  Kinney  assumed  the  Chair,  and  moved  that  Mr.  King, 
of  Lenoir,  be  made  temporary  President,  which  motion  was 
carried. 

The  Chair  called  upon  Rev.  G.  W.  Welker,  from  Guilford, 
for  Prayer. 

On  motion  of  Mr.  Heaton,  it  was  ordered  that  Mr.  J.  P. 
Andrews,  of  Wake,  be  appointed  Secretary  pro  tern. 

On  motion  of  Mr.  Abbott,  the  Secretary  called  the  roll. 
The  following;  delegates  answered  to  their  names  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,<Barnes,  Brad- 
ley f  Carey,  Carter,  Candler,  Cherry,  '■''Colgrove,  Congleton, 
Cowles,  Cox,  Danielf  Dowd,  Duckworth,*  Ellis,  Eppes,  Ethe- 
riclge,  Fisher,  Forkner,  Franklin,  French  of  Bladen^French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gal- 
loway, Garrett,  George^Graham  of  Montgomery,  Graham  of 
Orange,  Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Hare,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Higksmith, 
Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt,  Hood,  Hyman,  Ing, 
Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lee,ALennon,  Logan* Mann*  Mayo, 
McDonald  of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom*  Patrick,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read,  Ren- 
frew, Rhodes,  Rich,  Bobbins,  Rodman,  Rose^Smit'h,  Stilly, 
Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker, 
Turner,  Watts,  Welker  and' Williamson. 

Total  present,  100. 

Mr.  Rodman  offered  the  following  resolution,  which  was 
.adopted : 

Resolved,  That  the  the  delegates  to  this  Convention  take 


8  CONVENTION  JOURNAL.  [Session 

the  following  Oath,  and  that  N.  J.  Riddick,  Clerk  of  the  Cir- 
cuit Court  of  the  United  States,  be  requested  to  administer 
the  same : 


OATH. 

You  do  solemnly  swear  (or  affirm,)  that  you  will  support 
the  Constitution  of  the  United  States,  and  faithfully  discharge; 
your  duties  as  members  of  this  Convention.  So  help  you 
God. 

Mr.  Hood  moved  that  the  Oath  be  administered  to  the 
members  rising  from  their  seats  in  their  places,  with  raised 
hands. 

Amended  by  Mr.  Sweet,  so  that  members  be  sworn  by 
twelves ;  names  to  be  taken  alphabetically  from  the  list  at  the 
Secretary's  desk.     Adopted. 

Mr.  Welker  moved  that  a  committee  of  three  be  appointed 
to  wait  on  the  Post  Commander,  and  obtain  a  correct  list  of 
delegates  to  the  Convention.     The  motion  was  lost. 

The  following  communication  was  received  from  Post 
Headquarters  and  read  by  the  Secretary  to  the  Convention  : 


HEADQUARTERS  MILITARY  POST  OF  RALEIGH. 

To  the  President  of  the  Convention^  Raleigh,  N.  C. 

Sik: — I  have  the  honor  to  transmit  herewith  the   enclosed 
dispatch  from  Headquarters  Second  Military  District,  for  the 
information  of  the  State  Convention. 
I  am  your  obedient  servant, 

DANIEL  T.  WELLS, 
1st  Lieutenant  8th  XI,  S.  Infantry. 

Post  Adjutant. 


1868.]  CONVENTION  JOURNAL.  9 

Charleston,  S.  C,  Jan.  13th,  1868. 

To  Commanding  Officer,  Post  of  Raleigh. 

General  Orders,  No.  165,  is  amended  as  follows :  insert  Jas. 
McCubbins  in  place   of  Isaac  M.  Shaver,  as   delegate  from 
Davie  and  Bowan  counties,  and  John  G.  Marler  in  place  of 
Edwin   P.  Bartlett,  for   Ashe,  Alleghany,  Wautauga,  Surry 
and  Yadkin  counties.     Order  by  mail  informs  all  parties. 
By  Command  of  General  Canby  : 
"(Signed,)  LOUIS  Y.  CAZIABC, 

A.  D.  0.  and  A.  A.  A.  G. 

Delegates  present  were  called  up  by  twelves,  and  sworn  by 
Mr.  Biddick,  Clerk  of  the  Circuit  Court. 

On  motion  of  Mr.  Abbott,  it  was  ordered  that  when  the 
Convention  adjourned,  it  re-assemble  to-morrow  at  12  o'clock. 

On  motion  the  Convention  adjourned. 


WEDNESDAY,  January,  15th,  1868. 

Convention  called  to  order  at  12  o'clock,  noon,  by  Mr. 
King  of  Lenoir,  Bresident  pro  tern. 

Brayer  by  Bev,  W.  H.  Logan. 

The  roll  was  called  by  Mr.  Andrews,  Secretary  pro  tern. 
when  the  Bresident  announced  a  qourum,  ninety  seven 
members  answering  to  their  names,  as  follows  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Blume,  Bradley, 
Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Cox, 
Daniel,  Duckworth,  Durham,  Ellis,  Epps,  Etheridge,  Fisher, 
French  of  Bladen,  French  of  BockinglTam,  French  of  Chowan, 
Fullings,  Gahagan,  Galloway,  Garrett,  George,  Graham  of 
Montgomery,  Graham  of  Orange,  Grant  of  Wayne,  Gully,. 
Gunter,  Hare,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes  of  Bobeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hodnett,  Horner,  Hollowell,  Hood,  Hyman,  Ing> 
Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Kin- 


< 


10  CONVENTION  JOURNAL.  [Session 

ney,  Laflin,  Lee,  Lennon,  Logan,  Long,  Mann,  Mayo,  McCub- 
bins,  McDonald  of  Chatham,  McDonald  of  Moore,  Moore, 
Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Pat- 
rick, Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Rag- 
land,  Pay,  Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Sanderlin,  Smith,  Stilly,  Stillwell,  Sweet,  Taylor, 
Teague,  Tourgee,  Trogden,  Tucker,  Watts,  Welker  and  Wil- 
liams of  Wake. — 97. 

The  following  delegates  were  sworn  in  by  Mr.  C.  J.  Rogers : 

Messrs.  Durham,  Laflin,  Hayes  of  Robeson,  Long,  Nance, 
Chillson,  Sanderlin,  McCubbins,  Benbow,  Bryan,  Blume, 
George,  Nicholson  and  Turner. 

On  motion  of  Mr.  Abbott,  the  Convention  proceeded  to  the 
election  of  permanent  officers. 

On  motion  of  Mr.  Abbott,  Mr.  Tourgee  was  chosen  Assis- 
tant Secretary  pro  tern. 

Mr.  Harris,  of  Wake,  nominated  Mr.  Calvin  J.  Cowles,  of 
Wilkes,  as  permanent  President  of  the  Convention. 

Mr.  Hodnett  nominated  Mr.  Plato  Durham,  of  Cleaveland. 

On  motion  of  Mr.  Heaton,  it  was  ordered  that  the  roll  of 
members  be  called,  and  each  delegate  announce  his  choice. 

The  roll  was  called  with  the  following  result : 

For  Mr.  Cowles — Messrs.  Abbott,  Andrews,  Ashley,  Ayd- 
lott,  Barnes,  Benbow,  Blume,  Bradley,  Bryan,  Carey,  Carter, 
Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Daniel, 
Duckworth,  Eppes,  Etheridge,  Fisher,  Forkner,  Franklin, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chowan, 
Fallings,  Gahagan,  Galloway,  Garrett,  George,  Graham  of 
Montgomery,  Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of 
Robeson,  Heaton,  Higksmith,  Hobbs,  Hoffler,  Hollo  well, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Logan, 
Long,  Mann,  Mayo,  Marler,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peter- 
son, Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes, 
Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilly,  Stillwell,  Sweet, 


1868.]  CONTENTION  JOURNAL.  11 

Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts, 
Welker,  Williams  of  Wake  and  Williamson. — 101. 

For  Mr.  Durham — Messrs.  Graham  of  Orange,  Hare,  Hod- 
nett,  McCubbins  and  Sanderlin — 5. 

For  Mr.  Bradley— Mr.  Ellis— 1. 

For  Mr.  Rodman — Mr.  Lennon — 1. 

For  Mr.  Hodnett — Mr.  Durham— 1. 

Messrs.  Heaton  and  Abbott  were  appointed  to  conduct  the 
President  to  his  seat. 

On  motion  of  Mr.  Heatou,  the  Convention  proceeded  to 
the  election  of  a  permanent  Secretary. 

Mr.  Galloway  nominated  Mr.  T.  A.  Byrnes,  of  Cumberland. 

Mr.  Heaton  offered  the  following  resolution. 

Resolved,  That  T.  A.  Byrnes,  of  Cumberland,  be  appointed 
permanent  Secretary  of  this  Convention.     Adopted. 

Mr.  Abbott  nominated  Mr.  John  H.  Boner,  Assistant 
Secretary. 

Yote  was  taken  and  Mr.  Boner  declared  elected. 

On  motion  of  Mr.  Hood  the  Convention  proceeded  to  the 
election  of  Doorkeepers. 

Mr.  Galloway  nominated  Mr.  James  H.  Jones,  of  Wake, 
for  Principal  Doorkeeper. 

Mr.  Ellis  nominated  Mr.  Alexander,  of  Lincoln,  for  Prin- 
cipal Doorkeeper. 

Mr.  King  withdrew  the  name  of  Mr.  Alexander. 

Mr.  Heaton  offered  the  following  resolution  : 

Resolved,  That  James  H.  Jones  be  appointed  Principal 
Doorkeeper  to  the  Convention. 

Mr.  Heaton  called  for  the  yeas  and  nays  upon  this  resolu- 
tion.    The  roll  was  called  and  resulted  yeas  95,  nays  10. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow, 
Blume,  Bryan,  Carey,  Carter,  Candler,  Chillson,  Colgrove, 
Congletou,  Cox,  Daniel,  Dowd,  Duckworth,  Eppes,  Etheridge, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of  Rock- 
ingham, French  of  Chowan,  Fullings,  Gahagan,  Galloway, 
Garrett,  George,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gully,  Gunter,  Harris  of  Wake,  Har- 


12  CONTENTION  JOURNAL.  [Session 

ris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hofner,  Hollowell,  Hood,  Hy- 
man,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King  of 
Lincoln,  King  of  Lenoir,  Kinney,  Lanin,  Lee,  Logan,  Long, 
Mann,  Mayo,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore.  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Patrick,  Parker,  Petree,  Pierson,  Pool,  Ragland,  Pay, 
Read,  Rentrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake,  and 
Williamson — 95 . 

Those  who  voted  in  the  negative  are  : 

Messrs.  Barnes,  Bradley,  Durham,  Ellis,  Graham  of  Orange, 
Hare,  Hodnett,  Lennon,  McCubbins  and  Sanderlin — 10. 

Mr  Jones  was  declared  duly  elected. 

Mr.  Hood  moved  that  Mr.  J.  T.  Ball  be  elected  Assistant 
Doorkeeper. 

Mr.  Ball  was  chosen  by  acclamation. 

Mr.  Abbott  offered  the  following  resolution  : 

Resolved,  That  the  rules  of  order  of  the  House  of  Commons 
of  the  Legislature  of  this  State  for  1865-'66  be  adopted  by 
this  Convention,  so  far  as  practicable,  until  otherwise  ordered. 

Mr.  King  moved  to  amend  by  snbstituting  "  Rules  of  Order 
of  the  Convention  of  this  State  for  1865-66,"  which  was 
accepted,  and  the  resolution  as  thus  amended,  was  adopted. 

Mr.  Smith  moved  that  the  new  elected  officers  be  sworn, 
which  was  done  by  Mr.  C.  J.  Rogers,  whereupon  they  took 
their  positions,  and  entered  on  the  discharge  of  their  duties. 

Mr.  Heaton  offered  the  following  resolution  : 

Resolved,  That  a  Committee  of  two  members  from  each 
Jndicial  District  be  appointed  by  the  President,  whose  duty 
it  shall  be  to  consider  and  report  at  the  earliest  practicable 
moment,  the  best  mode  of  proceeding  to  frame  a  Constitution, 
and  Civil  Government  according  to  the  provisions  of  the  Acts 
of  Congress. 

The  resolution  was  read  and  adopted. 

Mr.    Sweet   offered  the   following  resolution,   which  was 
adopted : 


1868.]  CONTENTION  JOURNAL.  18 

JResol/oed>,  That  the  President  appoint  a  Committee  of  five 
to  frame  Rules  of  Order  for  the  government  of  the  Convention, 

Mr.  Pool  offered  the  following  resolution  : 

Resolved,  That  this  Convention  being  called  for  the  pur- 
pose of  framing  a  Constitution  Republican  in  form,  no  propo- 
sition purely  legislative  shall  be  entertained  until  the  Consti- 
tution shall  have  been  adopted. 

Mr.  Jones  moved  to  lay  the  resolution  on  the  table. 

Mr.  Forkner  moved  to  adjourn. 

Mr.  King  moved  to  amend  by  adding  the  words  10  o'clock 
to-morrow. 

The  motion  of  Mr*  King  was  put  and  lost. 

When  the  question  recurring  on  the  motion  to  lay  on  the 
table, 

The  yeas  and  nays  being  demanded,  resulted  yeas  447 
nays  53.     The  motion  was  lost. 

Mr.  Abbott  moved  that  the  resolution  of  Mr.  Pool  be  re- 
ferred to  a  Committee  of  three. 

On  motion  of  Mr.  Garrett,  the  Convention  adjourned  to 
meet  to-morrow  at  10  o'clock. 


THURSDAY  Januaky  16th,  1868, 

The  Convention  was  called  to  order  at  10  o'clock  by  the 
President. 

Prayer  by  the  Rev.  G,  W,  Welker. 

Roll  called  by  the  Assistant  Secretary.  The  following 
members  answered  to  their  names  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bradley,  Carey,  Carter,  Candler,  Cherry,  Chill- 
son,  Colgrove,  Congleton,  Cox,  Daniel,  Duckworth,  Durham, 
Ellis,  Eppes,  Etheridge,  Eisher,  Eorkner,  Franklin,  French  of 
Bladen,  French  of  Rockingham,  French  of  Chowan,  Gahagan, 
Galloway,  Garrett,  George,  Graham  of  Montgomery,  Graham 
of  Orange,  Grant  of  Wayne,  Grant  of  Northampton,  Gully,, 
Gunter,  Hare,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes   of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith7 


14  CONVENTION  JOURNAL.  [Session 

Hodnett,  Hoffier,  Hood,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg, 
Lennon,  Logan,  Long,  Mann,  Mayo,  McCubbins,  McDonald 
of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Patrick, 
Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland, 
flay,  Read,  Renfrow,  Rhodes,,  Rich,  Robbins,  Rodman,  Rose, 
Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee, 
Trogden,  Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake, 
Williams  of  Sampson  and  Williamson — 100. 

The  Journals  of  Tuesday  14th,  and  Wednesday  15th,  were 
read  and  approved. 

Ordered  by  the  President,  that  the  order  of  General  Canby, 
(No.  165,)  calling  this  Convention,  be  entered  on  the  record  of 
the  1st  day's  proceedings. 

In  accordance  with  the  resolution  of  Mr.  Heaton,  Wednes- 
day 15th,  the  Chair  appointed  the  following  Committee. 

1st  Judicial  District — Win.  Nicholson,  E.  W.  Jones. 

2d  Judicial  District — David  Heaton,  W.  B.  Rodman. 

3d  Judicial  District — James  H.  Harris,  Henry  A.   Dowd. 

4th  Judicial  District — A.  W.  Tourgee,  T.  L.  L.  Cox. 

5th  Judicial  District — J.  C.  Abbott,  J.  W.  Hood. 

6th  Judicial  District — Samuel  Forkner,  Milton  Hobbs. 

7th  Judicial  District — G.  W.  Bradley,  C.  C.  Jones. 

8th  Judicial  District — G.  W.  Gahagan,  W.  B.  G.   Garrett. 

The  Chair  in  accordance  with  the  resolution  of  Mr.  Sweet, 
passed  Wednesday  15th,  appointed  the  following  Committee 
on  Rules  of  Order : 

Messrs.  W.  H.  S.  Sweet,  A.  H.  Galloway,  C.  C.  Pool,  J. 
W.  Graham  and  E.  Fullino-s. 

Mr.  Julius  Garland,  of  Yancey  and  Mitchell, 

Mr.  Alex.  Williams,  of  Sampson, 

Mr.  J.  H.  Baker,  of  Edgecombe, 

Were  duly  qualified  by  the  Chairman,  and  took  their  seats 
in  the  Convention. 

Mr.  Abbott  referred  to  his  motion  made  Wednesday,  viz  : 
That  the  resolution  on  Legislation  offered  by  Mr.  Pool,  viz  : 
That  the  Convention  being  called  for  the  purpose  of  framing 
a  Constitution  Republican   in  form,  no   proposition   purely 


1868.]  CONVENTION  JOURNAL.  15 

Legislative  shall  be  entertained  until  the  Constitution  shall 
have  been  adopted,  be  referred  to  a  Committee  of  three. 

This  motion  was  amended  by  Mr.  French,  of  Chowan,  by 
referring  to  a  Committee  of  16,  on  Constitution  and  Civil 
Government,  appointed  by  the  Chair. 

The  motion  as  amended,  passed. 

Mr.  Jones  presented  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  the  President  of  this  Convention  invite  the 
Clergymen  of  the  City  of  Raleigh  to  open  the  services  of  this 
Convention  each  morning  with  Prayer. 

Mr.  Abbott  offered  the  following  resolution  : 

Resolved,  That  no  Reporter  for  any  newspaper  shall  here- 
after be  allowed  upon  this  floor,  who  in  his  reports  shall  treat 
the  Convention,  or  any  of  its  members  with  disrespect,  but 
that  they  shall,  in  case  of  offence  in  this  respect  be  excluded 
from  the  floor  of  the  Hall  and  from  the  Galleries,  by  the 
President. 

After  considerable  discussion,  the  resolution  was  submitted 
to  the  House. 

Mr.  Moore,  of  Granville,  moved  to  lay  the  resolution  on  the 
table. 

Mr.  Graham,  of  Orange,  called  for  the  yeas  and  nays. 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Andrews,  Aydlott,  Baker,  Benbow,  Blume,  Brad 
ley,  Chillson,  Daniel,  Dowd,  Durham,  Ellis,  Franklin,   Gra- 
ham of  Orange,  Grant  of  Northampton,  Gully,  Hare,  Harris 
of  Franklin,  Hobbs,  Hodnett,  Moore,  Nicholson,  Parker  and 
Rich— 28. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Barnes,  Bryan,  Carey,  Carter, 
Candler,  Cherry,  Colgrove,  Congleton,  Cox,  Duckworth, 
Fisher,  Forkner,  French  ol  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garrett, 
George,  Graham  of  Montgomery,  Grant  of  Wayne,  Gunter, 
Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hoffier,  Hood,  Hyman,  Ing,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lenoir,  Kinney,  Lee, 


16  -   CONVENTION  JOURNAL.  [Session 

Logan,  Long,  Mann,  Mayo,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom, 
Patrick,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland, 
Ray,  Head,  Renfrew,  Rhodes,  Robbins,  Rodman,  Rose,  Smith, 
Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Turner, 
"Watts,  Welker  and  Williamson — 76. 

Mr.  Hood  moved  the  previous  question. 

Mr.  Forkner  moved  to  suspend  the  rules  and  put  the  reso- 
lution to  a  final  reading.     Carried. 

Mr.  Graham,  of  Orange,  called  for  the  yeas  and  nays. 

Those  who  voted  in  the  affirmative  are ; 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Chillson,  Col* 
grove,  Congleton,  Cox,  Duckworth,  Eppes,  Etheridge,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garrett, 
George,  Graham  of  Montgomery,  Grant  of  Wayne,  Gull}7, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hood,  Hyman,  Ing.  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lenoir,  Kinney, 
Laflin,  Lee,  Logan,  Long,  Mann,  Mayo,  McDonald  of  Chat- 
ham,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Patrick. 
Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read, 
Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith,  Stil- 
well, Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker, 
Turner,  Watts,  Welker  and  Williamson — 86. 

Those  who  voted  in  the  negative  are  : 

Messrs  Bradley,  Daniel,  Durham,  Ellis,  Graham  of  Orange, 
Grant  of  Northampton,  Hare,  Harris  of  Franklin,  Hobbs, 
Hodnett,  McCubbins,  Moore,  Nicholson,  Parker,  Sanderlin 
and  Williams  of  Sampson — 16. 

Mr.  Durham  offered  the  following  protest,  to  be  entered  on 
the  Journals : 

As  this  resolution  is  a  step  towards  restricting  the  liberties 


1868,]  CONVENTION  JOURNAL.  17 

of  the  Press,  and  of  keeping  information  from  the  people, 
We  protest  against  its  passage, 

(Signed,)  P.  DURHAM, 

JAMES  R.  ELLIS, 
J.  S.  McCUBBINS, 
HAYNES  LENNON, 
ALEXANDER  WILLIAMS, 
JOHN  W.  GRAHAM, 
J.  B.  HARE, 
PHILLIP  HODNETT, 
THOMAS  SANDERLIN, 
"Mr,   Heaton  offered  the  following  resolution,  which  was 
Edopted: 

Resolved-,  That  the  Secretary  of  this  Convention  is  hereby 
authorized  and  instructed  to  procure  an  American  Flag  to 
be  suspended  from  the  dome  of  the  Capitol. 

Mr.  French,  of  Chowan,  offered  the  following  resolution  ' 
Resolved,  That  11  o'clock,  A.  M.,  until  otherwise  ordered, 
be  the  hour  for  the  daily  meeting  of  this  Convention. 

Mr.  King,  of  Lenoir,  offered  to  amend,  so  as  to  read  10 
o'clock. 

The  amendment  was  not  sustained  by  the  House,  and  the 
original  resolution  was  adopted. 

Mr.  Graham,  of  Orange,  moved  to  adjourn. 
The  motion  was  put  to  the  House  and  lost. 
Mr.  Abbott  moved  that  the  Convention  enter  into  the  elec- 
tion of  a  Sergeant  at  Arms. 

Mr.  Abbott  withdrew  his  motion,  and  offered  the  following 
resolution : 

Resolved,  That  this  Convention  does  hereby  create  the 
office  of  Sergeant  at  Arms,  and  will  proceed  immediately  to 
the  election  of  that  officer, 

Mr.  Ashley  moved  a  suspension  of  the  rules,  to  bring  the 
resolution  before  the  House. 

Mr.  King,  of  Lenoir,  called  for  the  yeas  and  nays. 
Those  who  voted  in  the  affirmative  are : 
Messrs.   Abbott,  Andrews,  Ashley,  Aydlott,  Bryan,  Carey, 
Carter,  Candler,   Chillson,  Colgrove,  Congleton,  Cox,  Duck* 
2 


18  CONVENTION  JOURNAL.  [Session 

worth,  Fisher,  Forkner,  Franklin,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fallings,  Gahagan,  Gal- 
loway, Garrett,  Grant  of  Wayne,  Grant  of  Northampton, 
Gully,  Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of 
Robeson,  Hayes  of  Halifax,Heaton,  Highsmith,  Hobbs,  Hoffler, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington, 
Kinney,  Laflin,  Lee,  Logan,  Long,  Mann,  Mayo,  McCubbins, 
McDonald  of  Moore,  Murphy,  Nance,  Newsom,  Nicholson, 
Patrick,  Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Ray, 
Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake  and  Wil- 
liamson— 82. 

Those  who  voted  in  the  negative  are : 

Messrs.  Baker,  Barnes,  Daniel,  Durham,  Ellis,  Etheridge, 
Graham  of  Orange,  Gunter,  Hodnett,  King  of  Lenoir,  Lennon, 
McDonald  of  Chatham,  Moore,  Mullican,  Peterson,  Sanderlin 
and  Williams  of  Sampson — 17. 

Mr.  Abbott  then  offered  the  following  substitute : 

Resolved,  That  this  Convention  do  now  proceed  to  an  elec- 
tion of  Sergeant  at  Arms. 

Which  was  adopted. 

Mr.  Rodman  moved  to  reconsider. 

Pending  which  the  House  adjourned. 


FRIDAY  January  17th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

The  Roll  was  called  by  the  Secretary,  106  members  an- 
swering to  their  names. 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Benbow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Chillson,  Col- 
grove,  Congleton,  Cox,  Daniel,  Dowd,  Duckworth,  Durham, 
Ellis,  Eppes,  Etheridge,  Fisher,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fallings, 


1868.]  CONVENTION  JOURNAL.  19 

Gahagan,  Galloway,  Garland,  Garrett,  George,  Graham  of 
Montgomery,  Graham  of  Orange,  Grant  of  Wayne,  Grant  of 
Northampton,  Gully,  Gunter,  Hare,  Harris  of  Franklin, 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Hobbs? 
Hodnett,  Homer,  Hollowell,  Holt,  Hood,  Hyman,  Ing, 
Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lee,  Lennon,  Logan,  Long,  Mann, 
Mayo,  McCubbins,  Merritt.  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Nicholson,  Patrick,  Parker,  Parks,  Petree,  Pe- 
terson, Pierson,  Pool,  Ragland,  Read,  Renfrow,  Rhodes*, 
Rich,  Robbins,  Rodman,  Rose,  Sanderlin,  Smith,  Stilly,  Stil- 
well,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Turner, 
Watts,  Welker,   Williams  of  Sampson  and  Williamson — 105. 

The  Journals  of  Thursday  was  read  and  approved. 

On  motion  of  Mr.  Welker,  Mr.  J.  C.  L.  Harris  was  ap- 
pointed Secretary  jpro  tern.,  during  the  illness  of  Assistant 
Secretary,  Mr.  Boner. 

Mr.  Rodman's  motion  to  reconsider  the  vote  taken  the  day 
previous,  on  Mr.  Abbott's  resolution  for  the  election  of  Ser- 
geant at  Arms,  was  taken  up. 

Mr.  Rodman  withdrew  his  motion  to  reconsider. 

Mr.  E.  M.  Holt,  delegate  from  Orange,  and  Mr.  W.  H. 
Merritt,  of  Person,  were  properly  qualified  by  the  President, 
and  took  their  seats  in  the  Convention. 

The  rules  having  been  suspended  Thursday,  for  the  election 
of  Sergeant  at  Arms,  the  House  proceeded  to  an  election. 

Mr.  Abbott  nominated  Mr.  I.  A.  Peck. 

Mr.  Ellis,  of  Catawba,  nominated  Mr.  C.  J.  Rogers. 

Mr.  Smith  moved  that  the  Roll  be  called,  and  each  delegate 
announce  his  choice. 

Por  Mr.  Peck — Messrs.  Abbott,  Andrews,  Ashley,  Aydlott, 
Barnes,  Benbow,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chill- 
son,  Colgrove,  Congleton,  Cox,  Duckworth,  Eppes,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garland, 
Garrett,  George,  Graham  of  Montgomery,  Gully,  Harris  of 


20  CONVENTION  JOURNAL.  [Session 

"Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton, 
Higlismith,  Hoffier,  Hood,  Hyrnan,  Ing,  Jones  of  Caldwell, 
Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Lee, 
Logan,  Long,  Mann,  Mayo,  Merritt,  McDonald  of  Moore,  Mor- 
ton, Mulliean,  Murphy,  Nance,  Newsom,  Patrick,  Petree,  Pe- 
terson, Pierson,  Pool,  Ragland,  Read,  Renfrow,  Rhodes,  Rich, 
Robbins,  Rodman,  Rose,  Smith,  Stillwell,  Sweet,  Taylor 
Teague,  Tourgee,  Trogden,  Turner,  Watts,  Welker,  Williams 
of  Sampson  and  Williamson. — 82. 

For  Mr.  Rogersr— Messrs.  Blume  and  Moore— 2„ 

For  Mr.  Ball — Mr.  Graham,  of  Orange — I. 

Mr.  Peck  being  declared  elected,  was  properly  qualified  by 
the  Secretary,  and  entered  upon  his  duties. 

Mr.  Sweet,  as  Chairman  of  the  Committee  on  Rules  of 
Order,  presented  the  following  report  : 

REPORT  OF  THE  SELECT  COMMITTEE  ON  RULES. 

The  "  Select  Committee  appointed  to  prepare  and  report  to 
the  Convention  a  code  of  rules  for  the  regulation  of  its  pro- 
ceedings "  submit  the  following  report : 

CHAPTER  I. 

OF  THE  POWEK8   AND   DUTIES   OF   THE   PRESIDENT. 

Mule  1.  The  President  shall  take  the  Chair  each  day  at  the 
hour  appointed  for  the  meeting  of  the  session. 

Mule  2.  He  shall  possess  the  powers  and  perform  the  duties 
herein  prescribed,  viz : 

1.  He  shall  preserve  order  and  decorum. 

2.  He  shall  decide  all  questions  of  order,  subject  to  appeal 
to  the  Convention.  On  every  appeal,  he  shall  have  the  right, 
in  his  place,  to  assign  his  reasons  for  his  decision, 

3.  He  shall  appoint  all  committees  except  where  the  Con- 
vention shall  otherwise  order. 

4.  He  may  substitute  any  member  to  perform  the  duties  of 


1868.]  CONVENTION  JOURNAL.  21 

the  Chair  for  a  period  not  exceeding  two  consecutive  legisla- 
tive days. 

5.  When  the  Convention  shall  be  ready  to  go  into  Com- 
mittee of  the  Whole,  he  shall  name  a  Chairman  to  preside 
therein. 

CHAPTER  II. 

OF   THE  DAILY   OEDEE   OF   BUSINESS. 

Rule  3.  The  first  business  of  each  day's  session  shall  be  the 
reading  of  the  Journal  of  the  preceding  day  and  the  correc- 
tion of  any  errors  that  may  be  found  to  exist  therein.  After 
which,  except  on  days  and  at  times  set  apart  for  the  consider- 
ation of  special  orders,  the  order  of  business,  which  shall  not 
be  departed  from  except  by  unanimous  consent,  shall  be  as 
follows,  viz : 

1.  The  presentation  of  memorials.  Under  which  head  shall 
be  included  petitions,  remonstrances  and  communications  from 
individuals  and  from  public  bodies. 

2.  Notices. 

3.  Reports  of  Standing  Committees. 

4.  Reports  of  Select  Committees. 

5.  Resolutions. 

6.  Unfinished  business  of  the  General  Orders. 

7.  Special  Orders. 

8.  General  Orders. 

CHAPTER  III. 

OF   THE   EIGHTS   AND   DUTIES    OF   MEMBERS. 

Rule  4.  The  President,  or  any  member,  when  he  shall  be 
recognized  in  his  place,  may  present,  under  the  proper  order 
of  business,  any  paper  of  a  respectful  character,  addressed 
to  the  Convention,  and  the  same,  unless  the  Convention  shall 
otherwise  order,  shall  be  referred  to  the  appropriate  Com- 
mittee. 


22  CONVENTION  JOURNAL.  [Session 

Rule  5.  Every  member  presenting  a  paper  shall  endorse 
the  same  ;  if  a  petition,  memorial,  remonstrance,  or  commu- 
nication in  answer  to  a  call  for  information,  with  a  concise 
statement  of  its  subject,  adding  his  name  ;  if  a  notice  or  reso- 
lution, with  his  name ;  if  the  report  of  a  committee,  with  a 
statement  of  its  subject,  the  name  of  the  committee  and  of 
the  member  making  the  report ;  if  a  proposition  of  any  other 
kind  for  the  consideration  of  the  Convention,  with  a  state- 
ment of  its  subject,  the  proposer's  name,  and  the  reference,  if 
any,  desired. 

Rule  6.  Every  member  who  shall  be  within  the  bar  of  the 
Convention  when  a  question  shall  be  stated  from  the  Chair 
shall  vote  thereon  unless  he  be  excused  by  the  Convention  or 
be  personally  interested  in  the  question.  No  member  shall 
be  obliged  to  vote  on  any  question  unless  within  the  bar  when 
the  question  shall  be  put,  or  in  the  case  of  a  division  by  yeas 
and  nays,  before  the  last  name  shall  be  called.  The  bar  of 
the  Convention  shall  be  deemed  to  include  the  semi-circle  of 
colnmns. 

Rule  7.  Any  member  desiring  to  be  excused  from  voting, 
must  make  his  request  before  his  name  is  passed.  He  may 
then  state  concisely,  without  argument,  his  reasons  for  asking 
to  be  excused,  and  the  question  of  excusing  shall  be  taken 
without  debate. 

CHAPTER  IV. 

OF   OKDEE   AND   DECOEUM. 

Rule  8.  No  member  rising  to  debate,  to  give  a  notice,  make 
a  motion  or  present  a  paper  of  any  kind,  shall  proceed  until 
he  shall  have  addressed  the  President,  and  been  recognized 
by  him  as  entitled  to  the  floor. 

Rule  9.  Where  a  member  shall  have  the  floor  for  any  pur- 
pose, no  member  shall  entertain  any  private  discourse  or  pass 
between  him  and  the  Chair. 

Rule  10.  While  the  President  shall  be  putting  a  question, 
or  a  division  by  counting  shall  be  had,  no  member  shall  leave 


1868.]  CONTENTION  JOUENAL.  23 

his  place,  or  speak,  unless  to  make  a  privileged  motion  or 
state  a  question  of  privilege  demanding  immediate  attention. 
Mule  11.  When  a  motion  to  adjourn,  or  for  a  recess,  shall 
be  affirmatively  determined,  no  member  or  officer  shall  leave 
his  place  till  the  adjournment  or  recess  shall  be  declared  by 
the  President. 

CHAPTEE  V. 

OF   ORDEB   IN   DEBATE. 

Mule  12.  No  member  shall  speak  more  than  once  to  the 
same  question,  without  leave  of  the  Convention ,  until  every 
member  desiring  to  speak  on  the  question  pending  shall  have 
spoken. 

Mule  13.  No  remark  reflecting  personally  upon  the  action 
of  any  member  shall  be  in  order  in  debate,  unless  preceded  hy 
a  motion  or  resolution  of  investigation  or  censure. 

Mule  14c.  If  any  member,  in  speaking,  shall  transgress  the 
rules  of  the  Convention,  the  President  shall,  or  any  member 
may  call  to  order,  in  which  case  the  member  so  called  to 
order,  shall  not  rise,  unless  to  explain  or  proceed  in  order. 

CHAPTEE  VI. 

OF   COMMITTEES   AND   THEIR   DUTIES. 

Mule  15.  Standing  Committees  shall  be  appointed  by  the 
President,  to  consider  and  report  severally  upon  the  following 
subjects,  and  such  others  as  may  be  referred  to  them,  viz  : 
To  consist  of  'five  members : 

Privileges  and  Elections. 

Printing. 

Contingent  Expenses. 

Engrossment  and  Enrollment. 

Mule  16.  All  Eeports  of  Committees  embracing  proposi- 
tion pertaining  to  the  formation  of  a  Constitution,  shall  be 
referred,  as  of  course,  to  the  Committee  of  the  Whole  for  con- 
sideration therein  before  final  action  by  the  Convention. 


24  CONVENTION  JOURNAL.  [Session 

CHAPTER  VII. 

OF   GENERAL   AND    SPECIAL   OKDEKS. 

Rule  17.  The  matters  referred  to  the  Committee  of  the 
"Whole  shall  constitute  the  General  Orders,  and  shall  be  re- 
corded by  their  titles  or  subjects  in  a  calandar  to  be  kept  for 
that  purpose  by  the  Secretary,  in  the  order  in  which  they 
shall  be  referred  respectively. 

Rule  18.  Any  particular  report  or  other  matter  on  the 
General  Orders,  may  be  made  a  Special  Order  for  any  partic- 
ular day  or  from  day  to  day,  with  the  assent  of  two-thirds  of 
the  members  voting,  and  no  Special  Order  shall  be  postponed 
or  rescinded  except  by  a  similar  vote. 

CHAPTEE  VIII. 

O-E   THE  COMMITTEE   OF   THE   WHOLE. 

Rule  19.  The  same  rules  shall  be  observed  in  Committee 
of  the  Whole  as  in  the  Convention,  as  far  as  applicable,  except 
that  the  previous  question  shall  not  apply,  nor  shall  the  yeas 
and  nays  be  taken  on  a  division. 

Rule  20.  A  motion  to  rise  and  report  progress  shall  be  in 
order  at  any  stage,  and  shall  be  decided  without  debate. 

Rule  21.  Subjects  shall  be  taken  up  in  Committee  ot  the 
Whole  in  the  order  in  which  they  shall  stand  on  the  General 
Orders,  unless  the  Committee,  by  a  two-third's  vote,  shall,  in 
any  case,  otherwise  direct.  The  paper  under  consideration 
shall  first  be  read  at  length,  unless  the  Committee  shall  other- 
wise order,  and  shall  then  be  read  and  considered  by  sections. 
All  amendments  made  in  Committee  of  the  Whole  shall  be 
reported  to  the  Convention  for  action* 

Rule  22.  If  at  any  time,  in  the  Committee  of  the  Whole,  it 
shall  appear  that  no  quorum  be  present,  the  Committee  shall 
immediately  rise,  and  the  Chairman  shall  report  the  fact  to> 
the  Convention* 


1868.]  CONVENTION  JOUKNAL.  25 

CHAPTEE  IX, 

OF   MOTIONS   AND   THEIK   PRECEDENCE. 

Rule  23.  When  a  question  shall  be  under  consideration,  no 
motion  shall  be  received  except  as  herein  specified,  and  mo* 
tions  shall  have  precedence  in  the  order  stated,  viz : 

1.  For  an  adjournment. 

2.  For  a  recess. 

3.  A  call  of  the  Convention. 

4.  For  the  previous  question. 

5.  To  lay  on  the  table. 

6.  To  postpone  indefinitely. 

7.  To  postpone  to  a  day  certain. 

8.  To  commit  to  a  Committee  of  the  "Whole. 

9.  To  commit  to  a  Standing  Committee. 

10.  To  commit  to  a  Select  Committee. 

11.  To  amend. 

Rule  24.  The  motion  to  adjourn  for  the  day,  for  the  previ- 
ous question  and  to  lay  on  the  table,  shall  be  decided  without 
amendment  or  debate.  The  respective  motions  to  postpone 
or  commit  shall  preclude  debate  on  the  main  question. 

Rule  25.  Every  motion  or  resolution  shall,  after  presenta- 
tion, be  first  stated  by  the  President,  or,  on  his  order,  read  by 
the  Secretary  before  debate,  and  again,  if  desired  by  any  mem- 
ber, immediately  before  putting  the  question.  And  every 
resolution  and  amendment  shall  be  reduced  to  writing,  if  the 
President  or  any  member  desires  it. 

Rule  26.  After  a  proposition  shall  have  been  stated  by  the 
President,  it  shall  be  deemed  to  be  in  possession  of  the  Con- 
vention, but  may  be  withdrawn  at  any  time  before  it  shall  be 
decided  or  amended. 

Rule  2Y.  The  motions  to  adjourn  or  to  take  a  recess  shall 
be  always  in  order  when  made  by  a  member  entitled  to  the 
floor. 

Rule  28.  No  motion  for  the  reconsideration  of  any  vote  shall 
be  in  order,  unless  made  on  the  same  day,  or  the  next  follow- 
ing legislative  day,  on  which  the  decision  proposed  to  be  re- 


26  CONVENTION  JOURNAL.  [Session 

considered  shall  have  taken  place ;  nor  unless  moved  by  one 
who  shall  have  voted  in  the  majority.  After  a  motion  for  a 
reconsideration  shall  have  been  put  and  lost,  it  shall  not  be 
renewed  without  the  unanimous  consent  of  the  Convention. 

Rule  29.  The  motion  for  the  previous  question  shall  be  put 
without  debate,  and  until  it  be  decided  shall  preclude  further 
amendment.  The  question  shall  be,  "  Shall  the  main  ques- 
tion be  now  put ;"  and  if  determined  in  the  affirmative,  no 
further  debate  or  amendment  shall  be  in  order,  and  the  main 
question  shall  be  on  the  passage  of  the  resolution  or  other 
matter  under  consideration ;  but  when  amendments  shall  be 
pending,  the  question  shall  be  first  taken  on  the  amendments 
in  their  order ;  and  when  amendments  shall  have  been  recom- 
mended by  the  Committee  of  the  Whole,  and  not  acted  on  by 
the  Convention,  the  question  shall  be  taken  upon  such  amend- 
ments in  like  order. 

CHAPTER  X. 

OF   RESOLUTIONS. 

Rule  30.  The  following  classes  of  resolutions  shall  lie  over 
one  day  for  consideration,  after  which  they  maybe  called  up, 
as  of  course,  under  their  appropriate  order  of  business  : 

1.  Resolutions  giving  rise  to  debate,  except  such  as  shall 
relate  to  the  disposition  of  business  immediately  before  the 
Convention,  to  the  business  of  the  day  on  which  they  maybe 
offered,  or  to  adjournment  or  recess. 

Rule  31.  All  resolutions  for  the  printing  of  an  extra  num- 
ber of  documents,  shall  be  referred,  as  of  course,  to  the  Stand- 
ing Committee  on  Printing,  for  their  report  thereon  before 
final  action  by  the  Convention. 

Rule  32.  All  resolutions  authorizing  or  contemplating  ex- 
penditures for  the  purpose  of  the  Convention,  shall  be  referred 
to  the  Standing  Committee  on  Contingent  Expenses,  for  their 
report  thereon  before  final  action  by  the  Convention. 

Rule  33.  In  case  of  the  absence  of  a  quorum  at  any  session 
of  the  Convention,  the  members  present,  if  exceeding  one- 


1868.]  CONVENTION  JOUBNAL.  27 

fifth  of  the  whole  number,  -may  take  such  measures  as  they 
may  deem  necessary  to  secure  the  presence  of  a  quorum,  and 
.  may  inflict  such  censure  or  pecuniary  penalty  as  they  may 
deem  just,  on  those  who  on  being  called  on  for  that  purpose 
shall  render  no  sufficient  excuse  for  their  absence. 

Rule  34.  If  any  question  contain  several  distinct  proposi- 
tions, it  shall  be  divided  by  the  President,  at  the  request  of 
any  member  :  Provided,  Each  sub-division,  if  left  to  itself, 
shall  form  a  substantive  proposition  ;  but  the  motion  to  strike 
out  and  insert  shall  be  indivisible. 

Rule  35.  The  yeas  and  nays  shall  be  taken  and  recorded  in 
the  journal  on  any  question  when  demanded  by  one-fifth  of 
the  members  present,  except  in  cases  where  such  a  division 
shall  have  been  already  ordered  on  a  pending  question. 

Rule  36.  No  standing  rule  of  the  Convention  shall  be  sus- 
pended, amended  or  rescinded,  unless  one  day's  notice  of  the 
motion  therefor  shall  have  been  given  ;  nor  shall  any  amend- 
ment or  repeal  be  then  made,  except  by  the  vote  of  a  majority 
of  all  the  members  elected  to  the  Convention.  But  such 
notice  shall  not  be  required  on  the  last  day's  session.  The 
notice  -and  motion  for  a  suspension,  shall  each  state  specifically 
the  number  of  the  rule  and  the  object  of  the  proposed  suspen- 
sion ;  and  every  suspension,  on  such  notice  and  motion,  shall 
be  held  to  apply  only  to  the  partitular  object  or  objects  speci- 
ed  therein. 

Rule  37.  All  questions  relating  to  the  priority  of  business, 
that  is,  the  priority  of  one  subject  matter  over  another,  under 
the  same  order  of  business,  the  postponement  of  any  special 
order,  or  the  suspension  of  any  rule,  shall  be  decided  without 
debate. 

Rule  38.  There  shall  be  printed,  as  of  course,  and  without 
any  special  order,  one  hundred  and  fifty  copies  of  all  reports 
of  committees  on  the  subject  of  the  formation  of  a  Constitu- 
tion, and  of  all  reports  and  communications  made  in  pursu- 
ance of  the  order  or  request  of  the  Convention. 

Rule  39.  The  Sergeant-at-Arms  shall  receive  from  the  prin- 
ter all  matter  printed  for  tne  use  of  the  Convention,  and  shall 
keep  a  record  of  the  time  of  the  reception  of  each  document, 


28  CONTENTION  JOURNAL.  [Session 

and  tlie  number  of  copies  received,  and  shall  cause  a  copy  of 
each  to  be  placed  on  the  desks  of  the  members,  officers  and 
reporters  entitled  to  receive  them,  immediately  after  their  re- 
ception by  him. 

Rule  40.  The  Sergeant-at-Arms  shall  perform  to  duties  of 
Postmaster  of  the  Convention,  and  as  such  shall  receive,  dis- 
tribute and  dispatch  such  mail  matter  as  shall  be  deposited 
in  his  office,  addressed  to  or  by  the  members  of  the  Conven- 
tion. 

All  of  which  is  respecfully  submitted. 

.       "         W.  H.  S.  SWEET,  Chairman. 
A.  H.  GALLOWAY, 
C.  C.  POOL, 
JOHN  W.  GRAHAM, 
EDWARD  FULLINGS. 


Mr.  Sweet,  of  Craven,  offered  the  following  resolution, 
which  was  adopted : 

Resolved,  That  the  rules  be  read  separately,  and  except 
where  a  vote  is  demanded,  or  an  amendment  offered,  each 
shall  be  declared  adopted  without  a  formal  vote. 

The  Rules  were  read  separately  and  adopted  by  the 
House. 

Mr.  Durham  moved  to  strike  out  the  previous  question  from 
the  Rules,  but  was  not  sustained  by  the  House. 

Mr.  C.  C.  Jones  offered  the  following  resolution,  which  was 
adopted  : 

Resolved,  That  the  President  of  the  Convention  be  requested 
to  inform  Major  Gen.  E.  R.  S.  Canby,  of  this  Military  Dis- 
trict, that  this  Convention  is  permanently  organized,  and  is 
peoceeding  to  the  dispatch  of  business. 

Mr.  Ashley  offered  the  following  order  : 

Ordered,  That  no  person,  except  members  and  officers  of 
the  Convention,  be  permitted  to  come  upon  the  floor,  except 
by  invitation  of  one  of  the  members  of  the  Convention. 

Put  to  the  House  and  lost. 


1868.]  COKYEtf  TlOff  JOURNAL  29 

Mr.  Heaton,  of  Craven,  as  Chairman  of  the  Committee  on 
best  mode  of  proceeding  to  frame  a  Constitution  and  Civil 
Government  according  to  the  acts  of  Congress  submitted  the 
following  report : 

The  Committee  appointed  to  consider  and  report  upon  the 
best  mode  of  proceeding  to  frame  a  Constitution  and  Civil  Gov- 
ernment according  to  the  Acts  of  Congress  respectfully  report 
as  follows : 

Resolved,  That  the  Standing  Committees  be  appointed  by 
the  President  to  report  on  each  of  the  following  subjects,  viz  ; 

1.  On  a  Preamble  and  Bill  of  Eights. 

2.  On  a  Governor  and  other  necessary  State  Executive  Offi- 
cers, their  election  or  appointment,  tenure  of  office,  powers., 
compensation  and  duties. 

3.  On  the  Legislature,  its  organization,  the  number,  ap- 
pointment, election,  tenure  of  office  of  its  members,  its  powers 
and  duties,  except  as  otherwise  referred, 

4.  On  the  Judicial  Department. 

5.  On  the  finances  of  the  State,  the  public  debt,  revenues, 
expenditures  and  taxation,  and  restrictions  on  the  powers  of 
the  Legislature  in  respect  thereto. 

6.  On  Internal  Improvement. 

7.  On  counties,  cities,  towns  and  villages,  their  officers,  or- 
ganization, government  and  powers. 

8.  On  Corporations  other  than  municipal. 

9.  On  Punishments  and  Penal  Institutions. 

10.  On  Militia. 

11.  On  Education,  Common  Schools,  University  and  the 
means  of  their  support. 

12.  On  Suffrage  and  Eligibility  to  Office. 

13.  On  Homesteads. 

The  Committee  also  recommend  the  different   Standing 


30  CONVENTION  JOURNAL.  [Session 

Committees,  as  named,  shall  each  consist  of  thirteen  mem- 
bers. 

DAYID  HEATON,  Chairman. 

W.  NICHOLSON, 

E.  W.  JONES, 

W.  B.  EODMAN, 

H.  A.  DOWD, 
^  J.  H.  HARRIS, 

A.  W.  TOURGEE, 

T.  L.  L.  COX, 

J.  C.  ABBOTT, 
*■  J.  W.  HOOD, 

S.  FORKNER, 

M.  HOBBS, 

C.  C.  JONES, 

GEO.  W.   BRADLEY, 

G.  W.   GAHAGAN, 

W.  G.  B.  GARRETT, 

Committee. 

On  motion  of  Mr.  Tourgee,  the  report  was  adopted. 

On  motion  of  Mr.  Mann,  the  Committee  on  Rules  was  dis- 
charged. 

On  motion  of  Mr.  Tourgee,  the  Sergeant  at  Arms  was 
ordered  to  cause  to  be  printed  one  hundred  and  fifty  copies  of 
the  Rules  of  Order. 

Mr.  Ashley  introduced  the  following  preamble  and  reso- 
lution : 

Whereas,  The  Committee  of  Sixteen  was  directed  to  con- 
sider and  report  the  best  practicable  plan  for  establishing  a 
Constitution  and  Civil  Government  loyal  to  the  Union  ;  and 
whereas,  the  report  now  presented  only  provides  a  plan  for 
the  establishment  of  a  Constitution,  entirely  ignoring  any- 
thing like  a  plan  for  the  adoption  and  carrying  into  effect 
that  Constitution :  therefore, 

-Resolved,  That  the  Committee  be  instructed  as  soon  as 
practicable  to  consider  and  report  upon  the  best  method  of 


1S68.]  CONTENTION  JOURNAL.  31 

carrying  into  effect  the  Constitution,  or  establishing  a  civil 
government  in  North-Carolina. 

Mr.  Heaton  moved  the  resolution  be  returned  for  revision, 

AVhen  it  was  decided  that  the  resolution  should  lie  over 
one  day. 

The  following  resolution,  introduced  by  C.  C.  Jones,  was 
read  and  adopted : 

Resolved,  That  the  President  of  this  Convention  be  re- 
quested to  inform  Major-General  E.  R.  S.  Canby,  Commander 
of  this  Military  District,  that  this  Convention  is  permanently 
organized  and  is  proceeding  to  the  dispatch  of  business. 

Mr.  Forkner  offered  the  following  resolution  : 

Resolved,  hy  the  delegates  of  the  people  of  North-  Carolina, 
in  Convention  assembled,  That  the  Secretary  of  State  furnish 
each  delegate  of  this  Convention  a  copy  of  the  Constitution 
adopted  by  the  Convention  of  1865-'66  for  the  use  of  the 
delegates. 

On  motion,  the  rules  were  suspended. 

On  motion  of  Mr.  Hood,  the  resolution  was  amended  by   \ 
inserting  the   words    "  he  requested  to "    before   the    word 
furnish. 

Mr.  Watts  moved  to  amend  by  striking  ©ut  the  word 
"State"  and  insert  "North-Carolina" 

Mr.  Tourgee  moved  to  insert  the  word  "  Provisional "  be- 
fore Secretary,  which  was  agreed  to,  and  the  resolution  as 
amended  was  adopted. 

Mr.  Rich  offered  the  following  resolution  : 

Resolved,  That  the  Secretary  apply  to  General  Canby  for 
a  full  statement  of  the  votes  for  and  against  a  Convention  in 
the  several  Counties  of  this  State. 

On  motion,  the  rules  were  suspended. 

Mr.  Rodman  moved  to  amend  by  adding,  "  also  for  a  state- 
ment of  the  vote  by  Counties  received  by  each  candidate  for 
this  Convention." 

The  amendment  was  adopted. 

The  resolution  as  amended  was  adopted. 

Mr.  McDonald,  of  Chatham,  offered  the  following  reso- 
lution : 


32  CONTENTION  JOURNAL.  [Session 

Resolved,  That  a  Committee  of  Eight,  to  consist  of  one 
member  from  each  Judicial  District,  be  raised  by  this  Con- 
vention, whose  duty  it  shall  be  to  devise  and  report  to  the 
Convention  some  plan  to  relieve  the  people  of  the  State  from 
the  pressure  of  debts  under  which  they  labor,  and  which  must} 
unless  some  remedy  be  afforded,  result  in  general  bankruptcy 
and  thus  add  very  greatly  not  only  to  the  present  general  dis- 
tress, but  operate  to  the  serious  injury  of  all  our  industrial 
pursuits. 

Mr.  Rodman  offered  the  following  ordinance  as  a  substitute 
to  the  resolution  of  Mr.  McDonald  : 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  That  no  court  of  law  or  equity  of 
this  State  shall  have  jurisdiction  of  any  suit  or  action  founded 
on  any  contract  made  prior  to  the  first  day  of  May,  1865, 
(except  actions  against  public  officers,  executors,  adminis- 
trators, guardians,  trustees,  and  others  acting  in  a  fiduciary 
capacity,  and  their  sureties  for  breach  of  their  respective 
trusts,)  or  of  any  action  or  process  to  revive  or  enforce  any 
judgment  heretofore  recovered  on  any  such  contracts,  whether 
such  action  be  now  pending  or  shall  be  commenced  hereafter, 
and  whether  such  process  has  been  already  issued  or  shall  be 
hereafter  sued  for ;  and  the  Sheriffs,  Coroners  and  Constables 
of  this  State,  having  in  their  hands  any  final  process  issued 
Upon  any  judgment  founded  on  such  cause  of  action,  are 
hereby  commanded  to  stay  all  proceedings  upon  the  same, 
and  to  return  the  same  to  the  proper  court. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and  after  its 
ratification  by  this  Convention,  and  shall  continue  in  force 
until  the  Constitution  which  this  Convention  has  met  to  form 
shall  go  into  effect. 

Mr.  Tourgee  moved  to  refer  this  entire  subject  to  the  Com- 
mittee of  the  Whole,  and  make  it  the  Special  Order  for  Tues- 
day next  at  12  o'clock,  which  was  agreed  to. 

Mr.  Durham  offered  the  following  resolutions : 

Resolved,  That  it  is  the  sincere  desire  of  the  people  of 
North-Carolina  to  restore  the  State  to  her  Constitutional  rela- 
tions with  the  Federal  Government  at  the  earliest  day  praeti- 


1868,]  CONTENTION"  JOURNAL.  33 

cable,  upon  terms  just  and  honorable,  both  to  the  Government 
of  the  United  States  and  to  the  State. 

Resolved,  That,  recognizing  the  helpless  condition  of  North  - 
Carolina  and  the  power  of  the  Federal  Government  to  force 
the  acceptance  of  the  terms  of  reconstruction  proposed  by 
Congress,  it  is  nevertheless  the  sense  of  this  Convention  that 
these  measures  known  as  the  Reconstruction  Acts  are  uncon- 
stitutional, unwise,  unjust  and  oppressive ;  subversive  of  the 
rights  and  liberties  of  eight  millions  of  people,  and  calculated 
to  hasten  and  complete  the  destruction  of  that  wise  system  of 
government,  which,  when  faithfully  adherred  to,  secured  so 
much  happiness  and  prosperity  to  the  American  people. 

Resolved,  That  the  white  and  black  races  are  distinct  by 
nature,  and  that  any  and  all  efforts  to  abolish  or  abridge  such 
distinction,  and  to  degrade  the  white  to  the  level  of  the  black 
race,  are  crimes  against  the  civilization  of  the  age  and 
against  God. 

Resolved,  That  the  Government  of  the  United  States  and 
of  the  Southern  States  were  instituted  by  white  men,  and  that 
while  the  lives,  liberty  and  property  of  the  black  race  should 
be  protected  by  just  laws,  these  governments  ought  to  be  con- 
trolled by  white  men  only. 

Resolved,  That  we  appeal  to  the  sense  of  justice  of  the 
masses  of  the  Northern  people  to  remove  from  the  intelligent 
American  citizens  of  the  Southern  States  the  degradation  now 
heaped  upon  them,  and  to  consider  the  dire  results  to  the 
whole  country  if  the  policy  of  depriving  eight  millions  of 
people  of  the  services  of  these  statesmen,  disiranchising  intel- 
ligent whites  and  transferring  political  power  to  ignorant 
blacks  should  be  continued. 

After  some  discussion  the  House,  on  motion,  adjourned. 


SATURDAY,  January  18th,  1868. 
The  Convention  was  called  to  order  at   11  o'clock,  by  the 
President. 
Prayer  by  the  Rev-.  Dr»  Smith. 
3 


34  CONVENTION  JOUENAL.  [Session 

The  roll  was  called  by  the  Secretary.  One  hundred  and 
eight  delegates  answered  to  their  names. 

Mr.  Tourgee  presented  a  Memorial  from  the  Friends  Asso- 
ciation of  Philadelphia  and  its  vicinity,  for  the  relief  of  colored 
Freedmen. 

The  petition  was  read  and  referred  to  the  Committee  on 
Education. 

Mr.  Heaton,  Chairman  of  the  Committee  of  sixteen,  pre- 
sented the  following  report,  viz  : 

The  Committee  of  sixteen,  to  whom  was  referred  the  fol- 
lowing resolution,  viz: 

Hesolved,  That  this  Convention  has  been  convened  for  the 
purpose  of  framing  a  Constitution  Republican  in  form,  and 
that  no  proposition  purely  legislative,  shall  be  entertained  until 
the  Constitution  shall  have  been  adopted  ; 

Have  had  the  same  under  consideration,  and  report  the 
following  as  a  substitute  therefor  : 

J2esolved,  That  this  Convention  being  called  to  frame  a 
Constitution  and  Civil  Government  in  accordance  with  the 
Acts  of  Congress,  will  proceed  in  the  discharge  of  that 
duty  as  speedily  as  practicable. 

All  of  which  is  respectfully  submitted. 

D.  HEATON,  Chairman. 

On  motion  of  Mr.  Tourgee,  the  report  was  adopted. 

Mr.  Bradley,  of  Wautauga,  offered  the  following  resolution :. 

Jiesolved,  That  a  Committee  of  three  be  appointed  to  wait 
on  his  Excellency,  the  Governor  of  North-Carolina,  and  in- 
form him  of  the  organization  of  the  Convention,  and  that  the 
Convention  is  now  ready  to  receive  any  communication  he 
may  desire  to  make. 

Laid  over  under  the  rules. 

Mr.  King,  of  Lenoir,  offered  the  following  resolution : 

^Resolved,  That  the  word  "  suspended,"  in  rule  36,  lines  1st 
and  2d,  be  stricken  out. 

Laid  over  under  the  rule. 

Mr.  Ashley's  resolution  offered  the  day  previous  was  taken 
up,  when 


1868.]  CONTENTION  JOURNAL.  35 

Mr.  Ashley  offered  the  following  as  a  substitute  : 

Resolved,  That  the  Committee  of  sixteen,  be  instructed  to 
further  consider,  and  report  as  soon  as  practicable,  upon  the 
best  method  of  carrying  into  effect  the  Constitution,  or  estab- 
lishing a  Civil  Government  in  North-Carolina, 

On  motion  of  Mr.  Abbott,  the  resolution  was  adopted. 

The  resolutions  offered  by  Mr.  Durham  yesterday,  were 
taken  up. 

Mr.  Durham  moved  to  make  his  resolutions  a  Special  Or- 
der for  Wednesday  next,  at  12  o'clock. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  resolution  on  the 
table. 

On  this  motion,  Mr.  Durham  demanded  the  yeas  and  nays. 
The  demand  was  sustained. 

The  motion  was  lost  by  the  following  vote : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Andrews,  Candler,  Colgrove  Daniel,  Dowd,  Frank- 
lin, Gahagan,  George,  Graham  of  Montgemery,  Gunter,  King 
of  Lenoir,  Logan,  Morton,  Newsom,  Nicholson,  Peterson,  Pool, 
Rhodes,  Rich,  Robbins  and  Rose — 21. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Con- 
gleton,  Cox,  Dickey,  Duckworth,  Durham,  Ellis,  Etheridge, 
Eisher,  Forkner,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Galloway,  Garland,  Garrett, 
Graham  of  Orange,  Grant  of  Northampton,  Gully,  Hare, 
Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hodnett,  Hol- 
lowell,  Holt,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lincoln,  Kinney,  Laflin,  Lee,  Legg, 
Lennon,  Long,  Mann,  Mayo,  McCubbins,  Merritt,  McDonald  of 
Chatham,  DcDonald  of  Moore,  Moore,Murphy,  Nance,  Patrick, 
Parker,  Parks,  Petree,  Pierson,  Ragland,  Ray,  Read,  Ren- 
frow,  Rodman,  Sanderlin,  Smith,  Stilly,  Stilwell,  Sweet, 
Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts, 
Welker,  Williams  of  Sampson  and  Williamson — 90. 

Mr.  King,  of  Lenoir,  moved  to  amend  the  motion  of  Mr. 


36  CONTENTION  JOUENAL.  [Session 

Durham,  to  postpone  to  Wednesday  next,  at  12  o'clock,  M., 
by  postponing  to  the  20th  of  May,  1868. 

Mr.  Andrews  moved  to   amend   by  substituting  1869  for 
1868. 

Mr.  Tonrgee  called  for  the  previous  question,  which  was 
on  Mr.  King's  amendment.     The  call  was  sustained. 

Mr.  Graham,  of  Orange,  called  for  the  yeas  and  nays.     The 
call  was  sustained. 

The  amendment  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Candler,  Graham  of  Montgomery,  King 
of  Lenoir,  Morton,  Newsom  and  Pool — 7. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Ashley,  Aydlott,  Baker,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Daniel,  Dowd,  Duckworth,  Durham,  Ellis, 
Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French  of 
Bladen,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Galloway,  Garland,  Garrett,  George,  Gra- 
ham of  Orange,  Grant  of  Northampton,  Gunter,  Hare,  Har- 
ris of  Franklin,  Hayes  of  Robeson,  Hayes  of  Halilax,  Hea- 
tons,  Highsmith,  Hobbs,  Hodnett,  Hollowell,  Holt,  Hood, 
Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  "Washington, 
King  oi  Lincoln,  Kinney,  Baffin,  Lee,  Legg,  Lennon,  Logan, 
Long,  Mann,  Mayo,  McCubbins,  Merritt,  McDonald  of  Chat- 
ham, McDonald  of  Moore,  Moore,  Mullican,  Murphy,  Nance, 
Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson, 
Ragland,  Ray,  Bead,  Renfrow,  Rhodes,  Bich,  Bobbins,  Bod- 
man,  Rose,  Sanderlin,  Stilly,  Stilwell,  Sweet,  Taylor,  Teagne, 
Tonrgee,  Trogden,  Tucker,  Turner,  Watts,  Welker,  Williams 
of  Sampson  and  Williamson — 100. 

The  question  recurring  on  the  motion  of  Mr,  Durham,  to 
r      postpone  to  Wednesday  next. 

On  which  motion  the  yeas  and  nays  were  ordered. 

The  motion  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Aydlott,  Baker,  Bradley,  Candler,  Cherry,  Chillson, 
Colgrove,   Congleton,   Daniel,  Dickey,  Dowd,  Duckworth, 


1868.]  CONVENTION  JOURNAL.  37 

Ellis,  Eppes,  Etheridge,  French  of  Chowan,  Galloway,  Hod- 
nett,  Hollowell,  Hood,  Ing,  Jones  of  Washington,  Legg,  Mayo, 
McCubbins,  McDonald  of  Chatham,  Moore,  Ragland,  Read, 
Rich,  Robbins  and  Taylor — 32. 

Those  who  voted  in  the  negative  are : 

Messrs.  Andrews,  Ashley,  Barnes,  Benbow,  Blume,  Bryan, 
Carey,  Carter,  Cox,  Durham,  Fisher,  Forkner,  Franklin,  French 
of  Bladen,  Fullings,  Gahagan,  Garland,  Garrett,  George,  Gra- 
ham of  Montgomery,  Graham  of  Orange,  Grant  of  Wayne, 
Grant  of  Northampton,  Gunter,  Hare,  Harris  of  Wake,  Har- 
ris of  Franklin,  Hay,  Hayes  of  Robeson,  Heaton,  Highsmith, 
Hobbs,  Holt,  Hyman,  Jones  of  Caldwell,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lee,  Lennon,  Logan,  Long,  Mann, 
Merritt,  Morton,  Mallican,  Murphy,  Nance,  Newsom,  Nich- 
olson, Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool, 
Ray,  Renfrow,  Rhodes,  Rodman,  Rose,  Sanderlin,  Smith, 
Stilly,  Stilwell,  Sweet,  Teague,  Tourgee,  Trogden,  Tucker, 
Turner,  Watts,  Welker,  Williams  of  Sampson  and  William- 
son— 75. 

The  Resolution  being  before  the  House. 

Mr.  Tourgee  moved  to  amend  the  1st  resolution  so  as  to 
read,  "That  it  is  the  sincere  desire  of  the  people  of  North- 
Carolina  to  be  restored  to  their  Constitutional  relations." 

Instead  ot,  "  That  it  is  the  desire  of  the  people  of  North- 
Carolina  to  restore  the  State  to  her  Constitutional  relations." 

Also,  strike  out  the  word  "  State,"  in  the  last  part  of  the 
resolution  and  insert  "  people." 

Mr.  Heaton  moved  to  refer  the  whole  matter  to  a  Commit- 
tee of  three. 

The  motion  was  put  to  the  House  and  lost. 

Mr.  Tourgee  called  for  the  previous  question  on  his  amend- 
ment. 

The  call  was  sustained. 

The  vote  was  taken  and  the  amendment  was  lost. 

Mr.  King,  of  Lincoln,  moved  to  postpone  indefinitely. 

The  motion  prevailed. 

Mr.  Peterson  offered  the  following  resolution : 

Resolved,  That  the  President  of  the  Convention  be  directed 


38  CONVENTION  JOURNAL.  [Session 

to  appoint  a  Committee  of  two  to  request  the  Provisional 
Secretary  of  North-Carolina  to  furnish  one  hundred  and 
twenty  copies  of  the  proceedings  of  the  General  Assembly 
during  the  sessions  of  1866-'67,  for  the  use  of  the  members  of 
the  Convention. 

Laid  over  under  the  rules. 

On  motion  of  Mr.  Heaton,  the  Convention  proceeded  to  the 
election  of  an  Engrossing  Clerk. 

Mr.  Heaton  nominated  Mr.  James  E.  O'Hara,  who  was 
elected  by  acclamation. 

Mr.  Turner  moved  that  the  Convention  proceed  to  the  elec- 
tion of  an  Enrolling  Clerk. 

Mr.  Jones,  of  Washington,  moved  that  it  is  not  absolutely 
necessary  to  have  an  Enrolling  Clerk,  since  we  have  an  En- 
grossing Clerk,  under  whose  direction  a  Clerk  can  do  what 
Enrolling  may  be  required  by  the  Convention  and  at  less  cost. 

Pending  which  motion,  the  House  adjourned. 


MONDAY  Januaky  20th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Pev.  Mr.  Hudson. 

The  President  announced  a  quorum. 

The  Journal  of  Saturday  read  and  approved. 

Mr.  J.  G.  Marler,  delegate  from  Yadkin,  was  sworn  by  the 
Secretar}'-,  and  took  his  seat  in  the  Convention. 

Mr.  O'Hara,  the  Engrossing  Clerk,  was  properly  sworn  and 
entered  upon  the  discharge  of  his  duties. 

Mr.  Abbott  offered  a  communication  from  Mr.  Calton  Ses- 
soms,  of  Owensville,  in  regard  to  the  late  election  in  Sampson 
County. 

Referred  to  the  Committee  on  Elections  and  privileges. 

Mr.  Abbott  also  offered  a  statement  from  Mr.  M.  D.  Pear- 
sail,  of  Kenansville,  Duplin  County,  in  regard  to  the  injustice 
arising  from  certain  sales  of  property  during  the  "War,  asking 
redress. 


1868.]  CONTENTION  JOURNAL.  39 

Referred  to  Committee  on  the  Judicial  Department. 

Mr.  D.  D.  Colgrove  presented  a  petition  from  the  citizens 
of  Jones  County,  to  change  the  boundary  between  the  coun- 
ties of  Jones  and  Lenoir. 

Referred  to  the  Committee  of  sixteen. 

Mr.  L.  C.  Morton  presented  the  following  resolution : 

.Resolved,  That  the  President  appoint  a  Special  Committee 
of  twelve  to  enquire  and  report  to  this  Convention  the  best 
practicable  means  of  relief  for  the  debtors  of  North-Carolina. 

Laid  over  under  the  rules. 

Mr.  Hodnett  presented  the  following  preamble  and  resolu- 
tion : 

Whereas,  Protection  to  the  rights  of  persons  and  property, 
the  fruits  of  industry  and  prudence,  are  the  corner  stones  on 
whieh  Civil  Liberty  is  built,  as  recognized  in  our  Constitution 
of  1776;  therefore, 

Resolved,  That  the  action  of  this  Convention  should  recog- 
nize the  axiom,  by  providing  that  the  legislative  power -consist 
of  two  branches,  the  one  representing  persons,  and  the  other 
representing  property,  each  of  said  branches  having  co-equal 
powers,  so  that  no  act  of  the  Legislature,  not  approved  by 
each  Branch,  should  have  validity.  The  Electors  for  the 
Commons,  to  consist  of  all  male  citizens  above  the  age  of 
twenty-one  years ;  and  the  Electors  for  the  Senate  to  consist 
of  citizens  of  like  age,  who  have  listed  property  for  taxation, 
at  the  listing  next  before  such  election,  of  the  value  of  two 
hundred  and  fifty  dollars  or  upwards,  and  who  have  paid  the 
taxes  assessed  thereon. 

Laid  over  under  the  rules. 

Mr.  Abbott  offered  the  following  resolution : 

Resolved,  Th-at  the  Committee  of  sixteen  be  instructed  to 
enquire  into  the  propriety  of  appointing  a  Committee  on  Im- 
migration, and  to  report  the  result  of  their  deliberations  to  the 
•Convention. 

Laid  over  under  the  rules. 

Mr.  McDonald,  of  Chatham,  offered  a  petition  for  relief 
"from  the  eitizees  of  Chatham. 


40  CONVENTION  JOURNAL.  [Session 

Referred  to  a  Committee  of  the  Whole,  and  made  a  Special 
Order  for  Tuesday  at  12  o'clock. 

Mr.  Gr.  W.  Welker  introduced  an  Ordinance  providing  for 
the  admission  of  members  of  the  Bar  from  other  States,  to. 
practice  in  the  Courts  of  North-Carolina. 

Referred  to  the  Committee  of  the  Whole. 

Mr.  W.  A.  Mann  offered  the  following  preamble  and  reso- 
lution : 

Whaeeas,  In  consequence  of  the  constant  annoyance  of  the 
delegates  occupying  seats  in  the  back  part  of  this  House,  by 
conversation  on  the  part  of  visitors  in  the  lobbies,,  and  the 
impossibility  of  keeping  that  portion  of  the  House  comforta- 
bly warm,  and  as  the  Galleries  are  capacious  and  well  suplied 
with  seats,  be  it 

Resolved,  That  no  person  not  a  delegate,  be  admitted  to  the 
lobbies  of  this  House,'withoutf an  invitation  from  a  delegate  or 
an  officer  of  this  Convention. 
*  Laid  over  under  the  rules. 

Mr.  Mann  also  presented  the  following  resolution : 

Resolved,  That  the  Secretary  be  directed  to  invite  the 
United  States  Officers  on  duty  at  this  post  to  the  floor  of  this 
House. 

Laid  over  under  the  rules. 

Mr.  Logan  offered  an  Ordinance  in  relation  to  a  Court  oi 
Pleas  and  Quarter  Sessions  for  the  County  of  Rutherford. 

Laid  over  under  the  rules. 

Mr.  Hood,  of  Cumberland,  offered  the  following  resolution  : 

Resolved,  That  each  delegate  to  this  Convention,  and  each 
elective  officer,  (the  President  excepted,)  receive  six  dollars 
per  day  and  twenty  cents  mileage  to  and  from  the  Conven- 
tion, and  that  the  President  receive  ten  dollars  per  day  and 
twenty  cents  mileage. 

Laid  over  under  the  rule. 

UNFINISHED   BUSINESS. 

The  motion  of  C.  C.  Jones  to  amend  the  motion  of  Mr. 
Turner,  of  Harnett,  to  proceed  to  an  election  of  an  enroll- 


1868.]  CONTENTION  JOURNAL.  41 

ing  clerk,  by  taking  the  sense  of  the  House,  as  to  whether 
the  office  of  enrolling  clerk  should  be  created,  put  to  the 
House  and  was  lost. 

Mr.  Jones  called  the  yeas  and  nays,  which  resulted  yeas  32, 
nays  77. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Ashley,  Baker,  Candler,  Colgrove,  Daniel,  Dowd, 
Durham,  Ellis,  Fisher,  Garrett,  Graham  of  Orange,  Grant  of 
Northampton,  Gunter,  Hare,  Harris  of  Franklin,  Hayes  of 
Robeson,  Hobbs,  Holt,  Jones  of  "Washington,  King  of  Lenoir, 
Lee,  Lennon,  Logan,  Mayo,  Marshall,  McCubbins,  Merritt, 
McDonald  of  Chatham,  Nicholson,  Parker,  Peterson  and  San- 
derlin— 32. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Aydlott,  Barnes,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Cherry,  Chillson,  Congleton,  Cox, 
Dickey,  Duckworth,  Eppes,  Etheridge,  Forkner,  Franklin, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chow- 
an, Fullings,  Gahagan,  Galloway,  Garland,  George,  Graham 
of  Montgomery,  Grant  of  Wayne,  Gully,  Hay,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hoffler,  Hollowell,  Hood,  Hy- 
man,  Ing,  Jones  of  Caldwell,  King  of  Lincoln,  Kinney,  Long, 
Mann,  McDonald  of  Moore,  Moore,  Morton,  Mullican,  Mur- 
phy, Nance,  Newsom,  Parks,  Petree,  Pierson,  Pool,  Ragland, 
Ray,  Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose, 
Smith,  Stilly,  Stilwell,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  "Watts,  Welker,  Williams  of  Sampson,  and 
"Williamson — 77. 

Mr.  Morton  nominated  Mr.  Ashworth,  of  Randolph,  as  en- 
rolling clerk. 

On  motion  of  Mr.  Rich,  Mr.  Ashworth  was  declared  enroll- 
ing clerk  for  the  Convention. 

Mr.  Ashworth  being  properly  qualified  by  the  Secretary, 
entered  upon  his  duties. 

Mr.  King's  resolution  to  amend  Rule  No.  36,  was  on  mo- 
tion recommitted  to  the  committee  on  Rules. 

Mr.  Bradley's  Resolution  to  appoint  a  committee  to  wait  ob 
His  Excellency,  "  Gov.  Worth,"  was  taken  up. 


42  CONTENTION  JOUKNAL.  [Session 

Mr.  Tourgee  moved  to  amend  by  striking  out  "  His  Excel- 
lency the  Governor  of  North-Carolina,"  and  substitute  the 
words  "  Governor  Worth." 

The  amendment  was  put  and  lost. 

The  original  resolution  was  taken  up  and  adopted. 

The  resolution  of  Mr.  Peterson  to  appoint  a  Committee  of 
two  to  call  on  the  Provisional  Secretary  to  furnish  one  hun- 
dred and  fifty  copies  of  the  Acts  of  the  General  Assembly  of 
1866-'67. 

Amended  by  Mr.  Durham,  so  as  to  read  Provisional  Secre- 
tary of  State.     Adopted. 

*^  On  motion  of  Mr.  Harris,  of  Wake,  it  was  ordered  that  the 
Committee  on  Printing  confer  with  the  military  authorities 
in  relation  to  the  printing  for  this  Convention. 

Mr.  Galloway  introduced  a  bill  on  Equal  Rights  and  Priv- 
ileges in  conveyances  and  all  business  places. 

Referred  to  the  Committee  on  Preamble  and  Bill  of  Rights. 

Mr.  Rodman  offered  the  following  Resolution : 
-Resolved,  That  the  Committee  on  Contingent  Expenses  be 
directed  to  contract  with  some  competent  person  to  report  the 
proceedings  of  this  Convention  in  a  condensed  form,  and  to 
cause  such  reports  to  be  published  in  some  daily  newspaper 
of  this  City.  And  it  shall  be  a  part  of  such  contract  that  if 
the  Convention  before  the  final  adjournment  thereof  shall  de- 
termine to  publish  such  reports  in  book  form,  then  the  prop- 
erty therein  shall  be  in  the  State ;  but  if  the  Convention  shall 
not  so  determine,  then  the  property  in  such  reports  shall  be 
in  the  Reporter  and  he  shall  be  at  liberty  to  apply  for  a  Copy 
Right. 

Resolved  further,  That  such  Reporter  shall  receive  a  com- 
pensation not  greater  than  the  daily  pay  of  a  member. 

Laid  over  under  the  rules. 

On  motion  of  Mr.  Rich,  the  Convention  adjourned  to  3 
o'clock,  P.  M. 


1868.]  CONVENTION  JOURNAL.  43 

AFTERNOON  SESSION,  January  20th,  1868. 

The  Convention  was  called  to  order,  and  on  motion  of  Mr. 
Heaton,  Mr.  Welker  was  called  to  the  Chair. 

Mr.  Tourgee  submitted  an  Ordinance  "  to  prevent  oppres- 
sive costs  in  Criminal  cases,"  which  was  placed  upon  the  Gene- 
ral Orders  of  the  Committee  of  the  Whole. 

Mr.  Patrick  offered  an  Ordinance  in  relation  to  the  sale  of 
property  under  executions. 

Made  a  General  Order  and  referred  to  a  Committee  of  the 
Whole. 

Mr.  Tourgee  offered  an  Ordinance  "  Regarding  the  Juris- 
diction of  Courts,"  which  he  asked  to  have  referred  to  the 
Committee  of  the  whole,  and  made  a  part  of  the  special  order 
for  Tuesday,  January  22d  at  12  M.,  as  he  desired  at  that  time 
to  offer  it  as  a  substitute  for  Mr.  Rodman's  Ordinance  intro- 
duced on  Tuesday  last. 

The  Convention  received  an  invitation  from  the  President 
of  the  Deaf  and  Dumb  Asylum,  to  visit  the  Institution,  which 
was  accepted. 

On  motion  of  Mr.  Welker,  Friday  evening  was  agreed 
upon. 

On  motion  of  Mr.  Heaton  the  Convention  took  a  recess  un- 
til 4  o'clock. 

At  4  o'clock  the  business  was  resumed.  The  President  in 
the  Chair. 

Mr.  Cowles  announced  the  following  committees  : 

On  a  Preamble  and  Bill  of  Rights. — Messrs.  Heaton,  Har- 
ris, of  Wake,  Nicholson,  French  of  Chowan,  Patrick,  Gahagan, 
Pool,  Etheridge,  Fisher,  Baker,  Durham,  Carter  and  Gar- 
land. 

On  a  Governor,  &e. — Messrs.  Nicholson,  May,  Morton, 
Franklin,  Hofner,  Petree,'  Forkner,  Guhter,  Williamson,  New- 
som,  George,  Trogden  and  Stilwell. 

On  Legislature,  <&e. — Messrs.  Sweet,  Marler,  May,  Forkner, 
Lennon,  Mullican,  Chillson,  French,  of  Rockingham,  Maya, 
Williams,  of  Duplin,  Turner,  Taylor,  and  Smith. 

On  the  Judicial  Department. — Messrs.   Rodman,  Sweet, 


44  CONTENTION  JOURNAL.  [Session 

Tourgee,  Jones  of  Washington,  Pool,  Durham,  Fisher,  "Watts, 
Welker,  King  of  Lenoir,  Cox,  Galloway  and  Teague. 

On  the  Finances  of  the  State,  &c. — Messrs.  Abbott,  Heaton, 
Rodman,  Jones,  of  Caldwell,  Forkner,  Plobbs,  McCubbins, 
King  of  Lenoir,  Long,  Hare,  Peterson,  Cajey,  and  Read. 

On  Internal  Improvements. — Messrs. Garrett,  Abbott,  Mann, 
French,  McCubbins,  Heaton,  Bradley,  Williams  of  Wake, 
Hayes  of  Robeson,  Hyman,  Candler,  Fullings  and  Teague. 

On  Counties,  Cities,  <&c. — Messrs.  Tourgee,  Fullings,  Ray, 
McCubbins,  Andrews,  Aydlott,  Moore,  Congleton,  Galloway, 
Laflin,  Ing,  Hollowell  and  Franklin. 

On  Corporations  other  than  Municipal. — Messrs.  Jones  of 
Washington,  Ashley,  Grant  of  Northampton,  Harris  of  Frank- 
lin, King,  Merritt,  Holt,  Hay,  Robbins,  Dickey,  Tucker, 
Murphy  and  Parker. 

On  Punishments  and  Penal  Institutions. — Messrs.  Welker, 
Cox,  Long,  Glover,  Parks,  Murphy,  Lee,  giersoji,  Daniel, 
Duckworth,  Hobbs,  Bradley  and  Watts. 

On  Militia. — Messrs.  Bryan,  Laflin,  Ellis,  Graham  of 
Montgomery,  Dowel,  Grant  of  Wayne,  Ragland,  Legg,  Gully, 
Hayes  of  Halifax,  Highsmith,  Colgrove  and  Stilley. 

On  Education,  Common  Schools,  <&c. — Messrs.  Ashley, 
Welker,  Rose,  Blume,  Read,  Sweet,  Hood,  Hayes  of  Halifax, 
Graham  of  Orange,  Ellis,  French  of  Chowan,  Logan  and 
Fisher. 

On  Suffrage  and  Eligibility  to  Office. — Messrs.  Pool,  Jones 
of  Caldwell,  French  of  Chowan,  Rich,  Candler,  Durham, 
Graham  of  Orange,  Ha^rij^ofWake,  McDonald  of  Chatham, 
Andrews,  Benbow,  Congleton  and  Cherry. 

On  Homesteads. — Messrs.  Jones  oTHCaldwell,  Hood,  Gaha- 
gan,  Duckworth,  Renfrow,  Sanderlin,  Nance,  Hodnett,  Kin- 
ney, McDonald  of  Moore,  Barnes,  Eppes,  Rhodes  and  Cox. 

On  motion  of  Mr.  Tourgee,  one  Imndred  and  fifty  copies 
were  ordered  to  be  printed  for  the  use  of  the  members. 

On  motion  of  Mr.  Heaton,  the  Convention  adjourned. 


1868.]  CONVENTION  JOURNAL.  45: 

TUESDAY,  January  21st,  1868. 

The  Convention  was  called  to  order  at  11  o'clock  by  the 
President. 

A  quorum  was  announced  by  the  President. 

Prayer  by  the  Rev.  Mr.  Eppes. 

The  Journal  of  Monday  was  read  and  adopted. 

Mr.  Mark  May,  delegate  from  Macon,  was  properly  qualified 
by  the  Secretary,  and  took  his  seat  in  the  Convention. 

In  accordance  with  the  resolution  of  Mr.  Bradley,  passed 
Monday,  the  President  announced  the  following  Committee 
to  wait  on  his  Excellency,  Governor  Worth  : 

Messrs.  Bradley,  Abbott  and  Andrews. 

The  Committee  on  Corporations  other  than  Municipal,  was 
altered  by  striking  out  "  Watts,"  and  inserting  "  Parker." 

The  Committee  on  Preamble  and  Bill  of  Sights  was 
changed  by  striking  out  "  Dowd  "  and  inserting  "  Baker." 

The  Committee  on  the  Judicial  Department  was  altered 
by  striking  out  "  Jones,  of  Caldwell,"  and  substituting  "  C.  C. 
Pool." 

Committee  on  Suffrage  and  Eligibility  to  Office,  was  altered 
to  read  "  Harris  of  Wake,"  instead  of  "  Harris  of  Franklin." 

Mr.  Fisher  presented  a  Memorial  from  the  Citizens  of 
Bladen  County,  asking  "  that  obligations  incurred  in  the  pur- 
chase of  slaves  be  annulled." 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Abbott  offered  a  resolution  providing  for  a  Committee 
to  confer  with  General  Canby. 

Lies  over  under  the  rules. 

Mr.  Harris,  of  Wake,  offered  a  resolution  defining  the 
status  of  citizens  of  North-Carolina. 

Referred,  by  the  Chair,  to  the  Committee  on  Preamble  and 
Bill  of  Rights. 

Mr.  Congleton  offered  a  resolution  in  relation  to  property 
qualification. 

Referred  to  a  Committee  on  Suffrage. 

Mr.  Welker  offered  a  Preamble  and  Resolution,  relating  to 
the  election  of  Commissioner  of  Public  Works. 

Referred  to  a  Committee  on  Governor  and  other  necessary 
State  Executive  Ofl&cers, 


46  CONTENTION  JOURNAL.  [Session 

Mr.  Welker  also  introduced  a  resolution   "  Limiting   the 
power  of  Legislation." 

Referred  to  a  Committee  on  Legislature. 

Mr.  Tourgee  introduced  a  resolution  in  relation  to  the  Rights 
of  Electors. 

Referred  to  the  Committee  on  Suffrage. 
.  Mr.  Dowd  introduced  a  resolution  "  Declaring  the  uncon- 
stitutionality of  Stay  Laws." 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Tourgee  offered  a  resolution  to  amend  Rule  3d,  Chap- 
ter 2d. 

Lies  over  under  the  rules. 

Mr.  Parker  introduced  a  resolution  to  confer  "  the  Elective 
Franchise  on  all  male  citizens." 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Legg  offered  a  resolution  in  relation  to  Suffrage  and 
Eligibility  to  Office. 

Referred  to  the  Committee  on  Suffrage  and  Eligibility  to 
Office. 

Mr.  Harris,  of  Wake,  presented  a  resolution  in  relation  to 
the  School  Funds. 

Referred  to  the  Committee  on  Education,  &c. 

Mr.  Galloway  introduced  an  Article  in  relation  to  Suffrage 
and  Elective  Franchise. 

Referred  to  the  Committee  on  Suffrage. 

UNFINISHED   BUSINESS. 

Mr.  Hodnett's  resolution  in  relation  to  the  qualification  of 
Electors,  was  submitted  to  the  House,  and  referred  to  the 
Committee  on  Suffrage. 

The  resolution  of  Mr.  Morton  on  relief,  was  referred  to  a 
Committee  of  the  Whole. 

Mr.  Mullican's  resolutions  declaring  certain  amendments  to 
the  Bill  of  Rights,  was  referred  to  the  Committee  on  Preamble 
and  Bill  of  Rights. 

On  motion  of  Mr.  Abbott,  the  House  resolved  itself  into  a 
Committee  of  the  Whole. 


1868.]  CONTENTION  JOURNAL.  4rT 

The  President  called  Mr.  Sweet  to  the  Chair. 
V  The  resolution  of  Mr.  McDonald,  of  Chatham,  and 
--The  ordinance  of  Mr.  Rodman,  which  were  made  a  Special 
Order  for  12  o'clock,  were  taken  up. 

Mr.  Abbott  moved,  that  when  this  Committee  rise,  they  re- 
port to  the  House  the  following  resolution : 

Mesolved,  That  this  Committee  recommend  that  the  whole 
subject  under  consideration  be  refeired  to  a  Special  Commit- 
tee of  eight,  to  consist  of  one  from  each  Judicial  District,  who 
shall  have  authority  to  call  for  persons  and  papers. 

Adopted. 

Mr.  Graham,  of  Orange,  offered  a  substitute  to  the  ordi- 
nance of  Mr.  Rodman,  which  was  referred  to  the  Committee 
of  eight  mentioned  on  the  resolution  of  Mr.  Abbott. 

Under  General  Orders,  the  ordinance  of  Mr.  Tourgee  to 
prevent  oppression  in  costs  in  criminal  cases  was  taken  up. 

Mr.  Tourgee  moved  to  refer  to  the  Committee  on  Preamble 
and  Bill  of  Rights,  with  instructions  to  report  the  same  as  one 
of  the  sections  of  the  Bill  of  Rights. 

Mr.  Jones,  of  Washington,  moved  to  amend  by  referring  to 
the  Committee  on  the  Judicial  Department.     Adopted. 

On  motion  of  Mr.  Abbott,  the  President  took  the  Chair  and 
Mr.  Sweet,  Chairman,  of  the  Committee  of  the  Whole  reported 
as  follows  on  the  subject  of  Relief  made  a  Special  Order  for 
this  day: 

That  this  Committee  recommend  that  the  whole  subject 
under  consideration  be  referred  to  a  Special  Committee  of 
eight  to  consist  of  one  from  each  Judicial  District,  who  shall 
have  authority  to  call  for  persons  and  papers. 

On  ordinance  of  Mr.  Tourgee  to  prevent  oppression  in  costs 
of  Criminal  Cases,  under  General  Order. 

The  Committee  recommend  that  it  be  referred  to  the  Com- 
mittee on  the  Judicial  Department. 

On  motion  of  Mr.  Tourgee,  the  report  was  accepted. 

Mr.  Hodnett's  resolutions  on  qualification  of  Electors,  was, 

On  motion,  referred  to  the  Committee  on  Suffrage. 

Mr*  Mann's  resolutions  excluding  persons  uninvited  from 


U  CONVENTION  JOURNAL.  [Session 

the  Lobbies  and  extending  invitations  to  the  United  States 
Officers  at  this  Post,  were  laid  over  in  consequence  of  Mr, 
Mann's  absence. 

Mr.  Logan's  ordinance  on  Pleas  and  Quarter  Sessions,  was, 

On  motion  of  Mr.  Durham,  referred  to  the  Committee  on 
Judicial  Department. 

The  resolution  of  Mr.  Hood,  on  Pay  and  Mileage  of  mem- 
bers, was  taken  up. 

__JMr.  Rich  moved  to  amend  by  inserting  eight  dollars  per 
day  for  Officers  and  Members,  except  the  President,  who  shall 
receive  twelve. 

Mr.  Bryan  moved  to  amend  by  inserting  four  dollars  for 
Officers  and  Members  and  seven  for  President. 

Mr.  Dickey  moved  to  adjourn. 

The  yeas  and  nays  were  called. 

The  motion  was  lost  by  the  following  vote,  yeas  26  nays  87: 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Baker,  Blume,  Cherry,  Colgrove,  Daniel, 
Dickey,  Durham,  Etheridge,  Fisher,  French  ot  Bladen,  Gra- 
ham of  Orange,  Hall,  Hare,  Holt,  Jones  of  Caldwell,  Legg, 
Lennon,  Long,  Merritt,  Moore,  Morton,  Newsom,  Ragland, 
Rich  and  Tourgee — 26 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Benbow,  Bradley, 
Bryan,  Carey,  Carter,  Candler,  Chillson,  Congleton,  Cox, 
Dowd,  Duckworth,  Ellis,  Eppes,  Forkner,  Franklin,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gal- 
loway, Garland,  Garrett,  George,  Graham  of  Montgomery, 
Grant  of  Wayne,  Gully,  Gunter,  Harris  of  Wake,  Harris  of 
Franklin,  Hay,  Hayes  of  Robeson,  Highsmith,  Hobbs,  Hod- 
nett,  Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Washington, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Logan, 
Mayo,  Marshall,  McCubbins,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Mullican,  Murphy,  Nance,  Nicholson,  Patrick, 
Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Ray,  Read, 
Renfrow,  Rhodeis,  Robbins,  Rodman,  Rose,  Sanderlin,  Smith, 
Stilly,  Stilwell,   Sweet,   Taylor,   Teague,   Trogden,    Tucker, 


1868.]  CONVENTION  JOURNAL.  49 

Turner,   Watts,  Welker,  Williams   of  Wake   and   William- 
son—87. 

Mr.  Tourgee  offered  the  following  substitute  l 
That  all  Members  and  Officers,  except  the   President,  re- 
ceive eight  dollars  per  day,  for  thirty  days,  and   four   dollars 
per  day  thereafter,  and  the  President  ten  dollars  per  day,  and 
all  twenty  cent  per  mile  going  and  returning. 
Pending  which  the  House  adjourned. 


WEDNESDAY,  Janttaey  22d,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  JBrodie-. 

The  Chair  announced  a  quorum. 

The  Journal  ol  yesterday  was  read  and  approved. 

Mr.  Glover,  of  Hyde  County,  being  present,  was  sworn  by 
the  Secretary  and  took  his  seat  in  the  Convention. 

Mr.  Patrick  presented  a  resolution  relative  to  the  suspen- 
sion of  debts. 

Laid  over  under  the  rules. 

Mr.  Galloway  offered  a  resolution  asking  for  a  postpone- 
ment of  the  sale  of  property  for  debt. 

Referred  to-  a  Committee  on  Relief, 

Mr.  Abbott  offered  an  ordinance  reducing  the  amount  of 
Bonds  authorized  to  be  issued  by  the  Wilmington,  Charlotte 
and  Rutherford  Rail  Road  Company. 

Referred  to  the  Committee  on  Internal  Improvements. 

Mr.  Parker  introduced  a  resolution  in  relation  to  property 
qualification  of  the  Members  of  the  House  of  Commons  and 
State  Senate. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  McDonald,  of  Chatham,  offered  a  resolution  instructing 
the  Committee  on  Judicial  Department. 

Lies  over  under  the  rules. 

Mr.  Pool  offered  a  resolution  that  a  Committee  of*  sixteen 

4 


**> 


50  CONVENTION  JOURNAL.  [Session 

be  instructed  to  report  an  Article  on  the  subject  of  Impeach- 
ment. 

Referred  to  a  Committee  on  Judicial  Department. 

Mr.  Tourgee  offered  a  resolution  instructing  a  Committee 
to  confer  with  General  Canby. 

Laid  over  under  the  rules. 

Mr.  Tougee  also  offered  a  resolution  relative  to  the  rights  of 
persons  accused  of  crime,  asking  that  it  be  made  a  section  of 
the  Bill  of  Rights. 

Referred  to  the  Committee  on  Bill  of  Rights. 
-  Mr.  King  offered  a  resolution  in  relation  to  the  per  diem  of 
delegates. 

Lies  over  under  the  rules. 

Mr.  Welker  offered  a  resolution  relative  to  the  formation 
of  a  Miscellaneous  Committee. 

Referred  to  the  Committee  of  sixteen. 

Mr.  Tourgee  submitted  a  resolution  amending  the  title  of 
the  Committee  on  Punishments  and  Penal  Institutions. 

Lies  over  under  the  rules. 

Mr.  Mann  offered  a  resolntion  relative  to  the  organization 
of  the  Militia. 

Referred  to  the  Committee  on  Militia. 

Mr.  Smith  offered  a  resolution  in  regard  to  the  reading  of 
Bills  in  the  Legislature. 

Lies  over  under  the  rules. 

The  Committee  authorized  to  confer  with  his  Excellency, 
Governor  Worth,  submitted  the  following  report : 

The  undersigned  Committee,  appointed  by  the  President, 
in  compliance  with  the  resolution  of  the  gentleman  from 
Watauga,  to  inform  his  Excellency,  Governor  Worth,  that 
this  Convention  is  organized  and  ready  to  receive  any  com- 
munication he  may  deem  fit  to  make,  beg  leave  to  report  that 
they  have  performed  that  duty,  and  that  his  Excellency,  Gov- 
ernor Worth,  informs  this  body  that  he  will  communicate  with 
them  to-morrow,  Thursday,  at  12  o'clock. 

(Signed,)  G.  W.  BRADLEY, 

JOSEPH  C.  ABBOTT, 
J,  P.  ANDREWS. 


186S.]  CONVENTION  JOURNAL.  51 

UNFINISHED   BUSINESS. 

The  amendment  of  Mr.  Bryan  to  Mr.  Rich's  amendment  of 
Mr.  Hood's  per  diem  resolution  offered  Monday,  was  submit- 
ted to  the  House  and  lost. 

The  amendment  of  Mr.  Rich  was  taken  up  by  the  House 
and  adopted. 

Mr.  King,  of  Lenoir,  called  for  the  yeas  and  nays. 

The  call  was  sustained. 

The  resolution  was  adopted  by  the  following  vote,  yeas  61, 
nays  55 : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Barnes,  Benbow, 
Blume,  Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Daniel,  Dickey,  Dowd,  Duckworth,  Eppes, 
Fisher,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
Fullings,  Garland,  Glover,  Graham  of  Montgomery,  Graham 
of  Orange,  Grant  of  Northampton,  Gully,  Hare,  Hay,  Hayes 
of  Robeson,  Highsmith,  Hoftler,  Holt,  Ing,  Laflin,  Logan, 
Long,  Mayo,  Moore,  Murphy,  Nicholson,  Parker,  Parks, 
Ragland,  Read,  Renfrow,  Rhodes,  Rich,  Rose,  Stilly,  Stilwell, 
Taylor,  Tourgee,  Trogden,  Watts,  Welker  and  William- 
son— 61. 

Those  who  voted  in  the  negative  are. 

Messrs  Aydlott,  Bradley,  Bryan,  Durham,  Ellis,  Etke- 
ridge,  Forkner,  French  of  Chowan,  Gahagan,' Galloway,  Gar- 
rett, Gunter,  Hall,  Harris  of  Wake,  Harris  of  Franklin, 
Heaton,  Hobbs,  Hodnett,  Hollowell,  Hood,  Hyman,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lincoln,  King  of 
Lenoir,  Kinney,  Lee,  Legg,  Lennon,  Mann,  May,  Marshall, 
McCubbins,  Merritt,  McDonald  of  Chatham,  McDonald  of 
Moore,  Morton,  Mullican,  Nance,  Newsom,  Patrick,  Petree, 
Peterson,  Pierson,  Pool,  Ray,  Robbins,  Rodman,  Sanderlin, 
Smith,  Sweet,  Teague,  Tucker,  Turner  and  Williams  of 
Wake— 55. 

Mr.  Rich  moved  to  reconsider  the  vote. 

Mr.  Tourgee  moved  to  lay  the  motion  to  reconsider  on  the 
table.     Adopted. 


• 


52  CONTENTION  JOURNAL.  [Session 

Mr.  Mann's  resolution  excluding  visitors  uninvited  from 
the  lobbies  of  the  House  was  withdrawn. 

Mr.  Mann's  resolution  introduced  Monday,  inviting  the 
United  States  Officers  now  on  duty  at  this  Post  to  the  floor 
of  the  House,  was  submitted  to  the  House  and  adopted. 

The  following  resolution  offered  by  Mr.  Abbott  on  Tuesday, 
was  adopted : 

Pesolved,  That  a  Committee  of  three  be  appointed  by  the 
Chair  to  confer  with  Major  General  E.  R.  S„  Canby,  Com- 
manding the  second  Military  District,  which  Committee  shall 
be  empowered  to  consult  upon  any  subject  relating  to  the 
public  interests  and  to  report  the  result  of  their  consultations 
to  the  Convention. 

Mr.  Tourgee's  resolution  to  amend  rule  3d  chapter  2d,  was. 

On  motion  ol  Mr.  King,  of  Lenoir,  laid  on  the  table. 

The  President,  in  accordance  with  the  resolution  of  Mr. 
Peterson,  to  appoint  a  Committee  to  wait  on  the  Provisional 
Secretary  of  State,  appointed  Messrs.  Peterson  and  Mann. 

The  President  appointed  the  following  Committees : 

On  Privileges  and  Elections. — Messrs.  Abbott,  McCubbins. 
Sweet,  Forkner  and  Fullings. 

On  Printing. — -Messrs.  Ashley,  Andrews,  Tourgee,  Marler 
and  Duckworth. 

On  Contingent  Expenses. — Messrs.  King  of  Lenoir,  Hood, 
Morton,  Read  and  Trogden. 

On  Engrossment  and  Enrollment. — Messrs.  C.  C.  Pool, 
Durham,  Jones  of  Washington,  French  of  Chowan  and  Harris 
of  Wake. 

Mr.  Rodman's  resolution  offered  Monday,  relative  to  the 
appointment  of  a  Reporter,  was  brought  before  the  House. 

Mr.  Holt  moved  to  lay  them  on  the  table,  which  was  not 
agreed  to. 

Mi\  Durham  demanded  the  yeas  and  nays. 

The  motion  was  lost  by  the  following  vote,  yeas  24,  nays  83: 

Those  who  voted  in  the  affirmative  are : 
Messrs.  Baker,  Bradley,  Daniel,  Durham,  Ellis,  Etheridge- 
Graham   of  Orange,  Gunter,  Hall,  Hare,   Hobbs,   Hodnett, 
Plollowell,  Holt,  Lennonj  Mann,  May,  Marshall,  McCubbins, 


1868.]  CONVENTION  JOURNAL.  53 

Merritt,  McDonald  of  Chatham,  McDonald  of  Moore,  Peter- 
son and  Sanderlin — 24. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Forkner,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  Fullings,  Ga- 
hagan,  Galloway,  Garland,  Garrett,  George,  Glover,  Graham 
of  Montgomery,  Grant  of  Northampton,  Gully,  Harris  of 
Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Highsmith, 
Homer,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg, 
Logan,  Long,  Mayo,  Morton,  Mullican,  Murphy,  Nance,  Nich- 
olson, Patrick,  Parker,  Parks,  Petree,  Pierson,  Ragrand,  Ray, 
Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose, 
Smith,  Stilly,  Stillwell,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake  and  Wil- 
liamson.— 83. 

Mr.  Durham  moved  to  amend  by   striking  out  the  second 
resolution,  which  was  not  sustained  by  the  House. 

The  resolutions  were  then  submitted  to  the  House. 

Mr.  Durham  demanded  the  yeas  and  nays. 

The  resolutions  were  adopted  by  the  following  vote,  yeas  79 
nays  25 : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Candler,  Chillson,  Colgrove,  Congleton, 
Cox,  Dickey,  Duckworth,  Eppes,  Forkner,  Franklin,  French 
of  Rockingham,  Fullings,  Gahagan,  Galloway,  Garland,  Gar- 
rett, Glover,  Graham  of  Montgomery,  Grant  of  Northampton, 
Gully,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Highsmith,  Hoffler,  Hyman,  Ing,  Jones  of  Caldwell, 
Jones  of  Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee, 
Legg,  Logan,  Long,  May,  Mayo,  Morton,  Mullican, 
Murphy,  Nance,  Patrick,  Parker,  Parks,  Petree,  Pierson, 
Ragland,  Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Smith,  Stilly,  Stilwell,  Taylor,  Teague,  Tourgee,  Trog- 


54:  CONTENTION  JOURNAL.  [Session 

den,  Tucker,  Turner,  Watts,  Welker,  "Williams  of  "Wake  and 
"Williamson — 79. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Bradley,  Cherry,  Daniel,  Durham,  Ellis, 
Etheridge,  George,  Graham  of  Orange,  Gunter,  Hall,  Hare, 
Hobbs,  Hodnett,  Hollowell,  Holt,  Lennon,  Mann,  Marshall, 
McCubbins,  Merritt,  McDonald  of  Chatham,  DcDonald  of 
Moore,  Moore  and  Sanderlin— 25. 

Mr.  Durham  offered  the  following  preamble  and  resolution, 
which  he  desired  placed  on  the  calendar: 

"Whereas,  It  is  a  matter  of  first  importance  to  the  prosper- 
ity of  States  to  preserve  untarnished  their  public  credit,  and 
whereas,  the  disastrous  effect  of  the  late  "War,  renders  the 
present  payment  of  the  interest  accrued  on  the  public  debt  of 
this  State  impracticable  ;  Therefore, 

Be  it  resolved,  That  the  public  debt  of  this  State  shall  be 
inviolate,  and  it  shall,  by  a  provision  in  the  State  Constitu- 
tion, be  made  the  duty  of  the  Legislature  after  the  year  1370, 
to  provide  funds  for  the  payment  of  the  interest  accruing 
thereon,  and  for  the  extinguishment  of  the  same  as  fast  as  it 
matures,  and  for  the  funding  of  the  interest  which  has  accrued 
or  may  accrue  up  to  that  time. 

Lies  over  under  the  rules. 

Mr.  Abbott  offered  a  resolution  in  relation  to  the  granting 
of  the  Commons  Hall  to  the  Rev.  Dr.  Smith. 

Lies  over  under  the  rules. 

Mr.  Tourgee  offered  a  resolution  in  relation  to  eligibility  of 
members. 

Referred  to  the  Committee  on  Privileges  and  Elections. 

On  motion  of  Mr.  Galloway,  the  Convention  adjourned. 


THURSDAY,  January  23d,  1868. 

The  Convention  was  called  to  order  at   11  o'clock,  by  the 
President. 
<■   Prayer  by  the  Rev.  J.  W.  Hood. 

The  President  announced  a  quorum. 


1868.]  CONTENTION  JOURNAL.  55 

The  Journal  of  "Wednesday  was  read  and  approved. 

Mr.  Rich  offered  a  Petition  of  Divorce  from  Dewitt  (X 
"Wilson  and  Nancy  C.  Wilson,  of  Richmond  County. 

Referred  to  the  Commttee  on  Judicial  Department. 

The  following  communication  from  General  E.  R.  S.  Canby 
was  read : 

HEADQUARTERS  SECOND.  MILITARY   DISTRICT. 

Charleston,  S.  C,  January  20th,  1868. 

•Calvin  J.  Cowles,  Esq., 

Chairman  of  the  Constitutional  Convention 

of  North-Carolina,  Raleigh,  N.  C. : 

•Sir  : — I  am  instructed  by  the  Commanding  General  to  ac- 
knowledge the  receipt  of  your  letter  of  the  17th  inst.,  report- 
ing the  organization  of  the  Convention  of  North-Carolina. 
Yerj  respectfully, 

Your  obedient  servant, 

LOUIS  Y.  CAZIARC, 

a.  d.  a  &  a.  a.  a. 

Mr.  McDonald,  of  Chatham,  offered  a  resolution  aksing 
Congress  for  the  loan  of  money,  for  the  benefit  of  certain  Rail 
Roads. 

Lies  over  under  the  rules. 

Mr.  Parker,  of  Northampton,  introduced  a  resolution  rela- 
tive to  the  qualification  of  voters. 

Referred  to  the  Committee  on  Suffrage. 
v  Mr.  Tourgee  introduced  a  resolution  in  relation  to  Political 
Rights. 

Referred  to  the  Committee  on  Suffrage  and  Eligibility  to 
Office. 

Mr.  Duckworth  presented  a  resolution  in  regard  to  a  Poll 
Tax  for  Educational  purposes. 

Referred  to  the  Committee  on  Education. 

Mr.  Mullican  introduced  a  resolution  respecting  the  Com- 
pensation of  members  of  the  State  Legislature, 


1 


56  CONTENTION  JOURNAL.  [Session 

Referred  to  the  Committee  on  Legislature. 

Mr.  Hayes,  of  Halifax,  presented  a  resolution  respecting 
the  qualification  of  Governor  and  Lieutenant-Governor. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Ren  fro  w  offered  a  resolution  relative  to  the  rights  of" 
citizenship. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Ashley  submitted  a  resolution  instructing  the  Commit- 
tee of  sixteen  to  report  a  standing  Committee  on  Industrial 
Resources. 

Lies  over  under  the  rules. 

Mr.  Abbott  presented  a  communication  from  J.  W.  Etlie- 
ridge,  of  Roanoke  Island,  in  regard  to  the  election  in  Curri- 
tuck County. 
\        Referred  to  the  Committee  on  Elections. 

Mr.  Hayes,  of  Halifax,  offered  a  resolution  in  relation  to 
Amendments  to  the  Constitution. 

Referred  to  the  Committee  on  Legislature. 

Mr.  Ra^land  submitted  an  ordinance  Regulating  the  Juris- 
diction  of  the  Courts  of  Law  and  Equity,  and  all  persons  who 
hold  any  judiciary  position  or  office,  relative  to  the  payment 
of  all  debts,  liabilities  and  contracts  made  by  individuals  of 
the  State  of  North-Carolina,  prior  to  the  first  day  of  May,. 
1865. 

Referred  to  the  Committee  on  Finance. 

Mr.  Mann  introduced  an  ordinance  to  aid  the  Fayetteville 
and  Florence  Rail  Road  Company. 

Referred  to  the  Committee  on  Internal  Improvements. 

Mr.  Welker  introduced  an  ordinance  respecting  the  liabil- 
ities of  Banks. 

Made  General  Order  and  referred  to  the  Committee  of  the 
Whole. 

Mr.  Teague  introduced  an  ordinance  respecting  Registra- 
tion Boards  of  the  State. 

Referred  to  the  Committee  on  Suffrage.. 

Mr.  Franklin,  of  Wake,  introduced  an  ordinance  for  the- 
Relief  of  the  People. 

Referred  to  the  Committee  on  Homesteads^ 


1888.]  CONVENTION  JOURNAL.  5T 

UNFINISHED   BUSINESS. 

The  following  resolution  introduced  by  Mr.  Tourgee,  was 
adopted. 

Resolved,  That  the  Committee  appointed  to  confer  with 
General  Canby  be  instructed  to  enquire  of  him  whether  he 
would  enforce  an  ordinance  of  this  Convention,  or  upon  its 
recommendation  would  issue  an  order  staying  the  collection 
of  all  debts,  except  in  cases  of  fraud,  and  wages  for  labor  per- 
formed since  May  first,  1865. 

-Mr.  Patrick's  resolution  asking  the  suspension  of  debts,  was- 
referred  to  the  Committee  on  Relief. 

Mr.  McDonald's  resolution  instructing!;  the  Committee  on 
Judicial  Department,  was  taken  up,  and 
-Referred  to  the  Committee  on  the  Judiciary  Department. 

The  resolution  of  Mr.  King,  of  Lenoir,  regarding  the  pay 
of  members  and  officers  of  the  Convention,  was  taken  up,  and 
declared  by  the  Chair  to  be  out  of  order. 

Mr.  King  appealed  from  the  decision  of  the  Chair,  and 
demanded  the  yeas  and  nays,  which  was  not  agreed  to. 

The  House  sustained  the  decision  of  the  Chair. 

The  following  resolution  of  Mr.  Tourgee,  was  adopted : 

Resolved,  That  the  title  of  the  Committee  on  Punishments 
and  Penal  Institutions  be  amended  by  striking  out  the  word 
"  and,"  and  inserting  the  words,  "  and  Public  Charities,'" 
and  all  matters  relating  to  public  charities  shall  be  referred 
to  that  Committee. 

-Mr.  Durham's  resolution  declaring  that  the  Public  Debt  of 
North-Carolina  shall  be  held  inviolate,  was  taken  up,  and 

Referred  to  the  Committee  on  Finance. 

The  following  communication  from  Governor  Worth,  was 
received  and  read  to  the  Convention,  and 

On  motion  of  Mr.  Tourgee,  was  placed  upon  the  Records  * 


t~ 


58  CONTENTION  JOURNAL.  [Session 

STATE  OF  NORTH-CAROLINA, 

Executive  Department, 
Raleigh,  January  23d,  1868. 

Gentlemen  of  the  Convention : 

I  had  the  honor,  on  yesterday,  to  be  informed  through  your 
Committee,  that  your  body  is  duly  organized,  and  ready  to 
receive  any  communication  that  I  may  be  willing  to  make. 

I  desire  you  to  accept  my  thanks  for  this  mark  of  your 
courtesy. 

I  regard  your  resolution  simply  as  an  official  notification 
■of  your  organization,  with  a  view  to  such  future  official  inter- 
course and  communication  as  may  be  deemed  necessary  ;  as 
it  seems  to  me  that  it  would  be  improper,  if  not  indecorous, 
that  I  present  to  you  any  view  of  mine  touching  the  object 
for  which  you  are  assembled,  unless  in  due  response  torn  spe- 
cific inquiry. 

Upon  <5ue  notice  of  your  wish  to  be  furnished  with  any  in- 
formation contained  in  the  archives  of  the  State  under  my 
control,,  such  information  will  be  promptly  supplied. 

May  a  superintending  Providence  inspire  you  with  wisdom 
-to  conduct  your  labors  to  results  beneficial  to  our  unhappy 
and  distracted  people. 

JONATHAN  WORTH. 

The  following  resolution  of  Mr.  Abbott,  was  taken  up  and 
adopted : 

JResolved,  That  the  use  of  this  Hall  be  granted  to  the  Rev. 
Dr.  Smith,  of  Raleigh,  for  the  purpose  of  addressing  the  mem- 
bers of  this  Convention,  on  the  subject  of  Normal  Schools. 

The  resolution  of  Mr.  Smith,  respecting  the  reading  of  Bills 
in  the  Legislature,  was  taken  up  and 

Referred  to  the  Committee  on  Legislation. 

Mr.  Heaton  was  allowed  to  record  his  vote  in  the  negative 
on  the  resolution  of  Mr.  Hood,  as  amended  by  Mr.  Rich,  fix- 
ing the  per  per  diem  at  eight  dollars  per  day. 


1868.]  CONTENTION  JOUKNAL.  59 

Mr.  Pool  presented  a  request  from  the  Chairman  of  several 
Committees  for  a  Clerk  to  act  conjointly. 

On  motion  of  Mr.  Heaton,  the  request  was  referred  to  the 
Committee  on  Contingent  Expenses. 

Mr.  Rodman  introduced  an  amendment  to  an  ordinance 
respecting  the  jurisdiction  of  the  Courts  of  this  State,  offered 
by  himself. 

Eefered  to  a  Committee  of  eight  on  Relief. 

The    President   appointed  the    following   Committee   on  ^ 
Relief. 

1st  Judicial  District,  Pool. 

2d        "  "         Rodman. 

3d        "  "  Read. 

4th       "  "  McDonald,  of  Chatham. 

5th       "  "  French,  of  Bladen. 

6th       "  "  Forkner. 

7th       "  "         Bradley. 

8th       "  "  Duckworth. 

In  conformity  with  the  resolution  of  Mr.  Abbott,  passed 
Wednesday,  the  following  Committee  was  appointed  •  to  con- 
sult with  General  Canby  on  matters  of  public  interest : 

Messrs.  Abbott,  Ragland  and  Durham. 

On  motion  of  Mr.  Smith,  the  House  adjourned. 


FRIDAY,  January  24th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Warrick. 

The  President  announced  a  quorum. 

The  Journal  of  Thursday  was  read  and  approved. 

The  following  communication  from  Major  General  Canby, 
was  read,  and 

On  motion  of  Mr.  C.  C.  Jones,  entered  on  the  Journal. 


60  CONTENTION  JOURNAL.  [Session 

HEADQUARTERS  SECOND  MILITARY  DISTRICT, 

Charleston,  S.  C,  January  20th,  1863. 

Hon.  Calvin  J.  Cowles, 

President  of  the  Constitutional  Convention, 

Raleigh,  N.   C : 

Sir: — I  have  the  honor  to  acknowledge  the  receipt  of  your 
communication  of  the  17th  inst.,  informing  me  of  the  perma- 
nent organization  of  the  Constitutional  Convention  assembled 
in  North-Carolina,  under  the  authority  of  the  laws  of  the 
United  States. 

In  expressing  my  gratification,  I  desire  to  add  my  convic- 
tion that  from  the  character  of  your  body,  the  result  of  its 
labors  will  be  such  as  to  commend  it  to  the  favor  of  all  who 
aspire  to  the  speedy  restoration  of  your  State  to  its  full  rela- 
tions in  the  Union.  I  desire,  also,  to  give  you  the  assurance 
of  my  hearty  co-operation  with  the  Convention,  whenever  that 
co-operation  may  be  necessary  or  proper. 
Yery  respectfully, 

Your  obedient  servant, 

EDWARD  CANBY, 

Major  General. 

The  following  report  of  the  Committee  of  sixteen,  of  which 
David  Heaton  is  Chairman,  was  received,  and 

On  motion  of  Mr.  Rodman,  was  adopted  : 
-The  Committee  of  sixteen,  to  whom  was  referred  the  reso- 
lution on  Immigration  and  other  matters,  hereby  report  as 
follows : 

Resolved,  That  the  President  of  this  Convention  proceed 
to  appoint  the  following  additional  Standing  Committees : 

1st.  A  Committee  on  Immigration  and  the  resources  and 
statistics  of  the  State,  said  Committee  to  consist  of  five 
members. 

2d.  A  Standing  Committee  of  five  members  on  Miscellane- 
ous Affairs, 


1S68.]  CONVENTION  JOURNAL.  61 

3d.  A  Standing  Committee  of  three  members  on  the  re- 
vision and  adjustment  of  the  Articles  of  the  Constitution. 
All  of  which  is  respectfully  submitted. 

D.  HEATON,  Chairman. 

The  report  of  the  Committee  on  a  Governor  and  other  ne- 
cessary State  Executive  Officers,  of  which  Mr,  Nicholson  was 
Chairman,  was  received,  and 

On  motion  of  Mr.  Heaton,  was  ordered  to  be  printed. 

The  following  report  of  the  Committee  on  the  Judicial  De- 
partment was  received. 

The  Committee  on  the  Judicial  Department,  respectfully 
report : 

That  they  have  duly  considered  the  matters  set  forth  in  the 
petition  of  C.  D.  Pearsall,  and  are  of  the  opinion  that  this 
Convention  should  take  no  action  therein,  and  request  to  be 
discharged  from  its  further  consideration. 

On  motion  the  report  was  adopted,  and  the  Committee  dis- 
charged from  further  consideration  of  this  subject. 

The  following  reports  of  the  Committee  on  Contingent  Ex- 
penses, were  read,  and 

On  motion  of  Mr.  Rodman,  were  adopted, 

REPORT  OF  THE  COMMITTEE  ON  CONTINGENT 

EXPENSES. 

The  undersigned  Committee,  to  whom  was  referred  the 
resolution  of  the  delegate  from  Beaufort,  in  relation  to  con- 
tracting with  some  competent  person  to  report  the  proceed- 
ings and  debates  of  this  Convention,  beg  leave  to  report. 

That  we  have  contracted  with  Joseph  ~W.  H  olden,  Esq.,  to 
report  the  proceedings  and  debates  of  this  Convention,  in  a 
condensed  form,  as  contemplated  by  said  resolution,  for  the 
sum  of  six  dollars  per  diem,  to  be  published  in  some  daily 
newspaper  in  this  city,  and  it  is  further  agreed,  as  a  part  of 
said  contract,  that  if  the  Convention,  before  its  adjournment, 
shall  determine  to  publish  such  reports  in  book  form,  then  the 
property  thereof  shall  be  in  the  State,  but  if  the  Convention, 


62  CONVENTION  JOURNAL.  [Session 

shall  not  so  determine,  then  the  property  of  such  reports  shall 
be  in  the  Reporter,  and  he  shall  be  at  liberty  to  apply  for  a 
copy  right. 
All  of  which  is  respectfully  submitted. 

R.  W.  KING, 
R.  F.  TROGDEN, 
J.  W.  HOOD, 
JNO.  READ, 
L.  C.  MORTON. 

Committee. 

REPORT  OF  THE   COMMITTEE  ON  CONTINGENT 

EXPENSES. 

The  undersigned  Committee  to  whom  was  referred  the  peti- 
tion in  relation  to  the  Chairman  of  various  Committees  reques- 
ting that  they  be  allowed  to  employ  a  Clerk  conjointly,  beg 
leave  to  report  that  they  have  had  the  same  under  considera- 
tion, and  have  come  to  the  conclusion  that  the  duties  can  be 
performed  by  some  member  of  each  of  said  Committees,  and 
therefore  deem  it  inexpedient  to  grant  said  request. 
All  of  which  is  respectfully  submitted. 

R.  W.  KING, 
R.  F.  TROGDEN, 
L.  C.  MORTON, 
J.  W.  HOOD, 
JNO.  READ, 

Committee. 

The  following  report  of  the  Committee  appointed  to  wait 
on  the  Provisional  Secretary  of  State  was  received  : 

The  Committee  appointed  to  wait  on  the  Provisional  Sec- 
retary of  State,  and  request  him  to  furnish  this  Convention 
with  one  hundred  and  twenty  copies  of  the  laws  of  the  State 
passed  by  the  General  Assembly  of  1866-'67,  beg  leave  to 
report  that  they  called  upon  the  Secretary,  who  informed  the 


1868.]  CONVENTION  JOURNAL.  63 

Committee  that  he  had  in  his  possession  but  sixteen  copies, 
which  he  furnished. 

Very  respectfully, 

W.  A.  MANN, 
J.  W.  PETERSON, 
Committee. 

On  motion  of  Mr.  Heaton,  the  word  Provisional  was  stricken 
out,  and  the  report  as  amended,  was  adopted. 

Mr.  McDonald,  of  Chatham,  introduced  the  following  reso- 
lution : 

Resolved,  That  the  delegates  of  the  Constitutional  Conven- 
tion of  North-Carolina,  now  assembled,  request  Major  General 
Edward  R.  S.  Canby,  Commanding  Second  Military  District, 
composed  of  the  States  of  North  and  South-Carolina,  to  visit 
this  Convention  and  communicate  anything  he  may  deem  for 
the  good  of  the  people  of  North-Carolina. 

On  motion  of  Mr.  McDonald,  the  rules  were  suspended  and 
the  resolution  adopted. 

Mr.  Turner  offered  a  resolution  in  relation  to  the  Senatorial 
Districts  of  North-Carolina,  which  was  referred  to  the  Com- 
mittee on  Counties,  Towns,  &c. 

Mi.  Parker  introduced  a  resolution  on  Taxation. 

Referred  to  the  Committee  on  Einance. 

Mr.  Jones,  of  Washington,  presented  a  resolution  requesting 
information  of  the  State  Treasurer  in  regard  to  the  Albemarle 
and  Chesapeake  Canal  Company. 

Lies  over  under  the  rules. 

Mr.  Jones,  of  Washington,  also  introduced  a  resolution 
requesting  the  State  Treasurer  to  furnish  information  of  the 
State's  indebtedness,  &c. 

Lies  over  under  the  rules. 

Mr.  Peterson  introduced  a  resolution  in  relation  to  Public 
Schools. 

Referred  to  the  Committee  on  Education. 

Also,  a  resolution  in  relation  to  Commissioners  of  Public 
Schools. 

Referred  to  the  Committee  on  Education. 


U  CONTENTION  JOURNAL.  [Session 

Also,  a  resolution  in  relation  to  Militia. 

Referred  to  the  Committee  on  Militia. 

Mr.  Rodman  offered  a  resolution  for  establishing  a  Bureau 
of  Immigration  and  Statistics. 

Referred  to  the  Committee  on  Legislature. 

Mr.  Hare  introduced  a  resolution  providing  that  the  note? 
and  accounts  of  deceased  persons  shall  be  paidjw?  fata. 

Referred  to  the  Committee  on  Judicial  Department. 

Mr.  Watts  offered  an  ordinance  for  Relief  from  Debt. 

Referred  to  the  Special  Committee  on  Relief. 

Mr.  Robbins  introduced  a  resolution  in  relation  to  the 
observance  of  the  Sabbath.- 

Lies  over  under  the  rules. 

Mr.  Dickey  introduced  an  ordinance  authorizing  the  Wes- 
tern North- Carolina  Rail  Road  Company  to  endorse  its  Cap- 
ital Stock  for  other  purposes. 

Referred  to  the  Committee  on  Internal  Improvements. 

UNFINISHED   BUSINESS. 

The  resolution  of  Mr.  McDonald,  of  Chatham,  asking  Con- 
gress for  the  loan  of  money,  was  taken  up,  and 

On  motion  of  Mr.  Abbott,  was  referred  to  the  Committee 
on  Internal  Improvements. 

The  following  resolution  of  Mi\  Ashley,  was  taken  up  and 
adopted. 

Resolved,  That  the  Committee  of  of  sixteen  be,  and  is  here- 
by instructed  to  consider  the  expediency  of  constituting  a 
Standing  Committee  on  Industrial  Resources,  and  report  as 
soon  as  practicable. 

The  report  of  the  Committee  on  Internal  Improvements 
was  presented,  and 

On  motion  was  ordered  to  be  printed. 

Mr.  Rodman  introduced  a  resolution  in  relation  to  Printing. 

Lies  over  under  the  rules. 

Mr.  Heaton  introduced  the  following  ordinance  : 

Be  it  ordained  by  the  people  of  JSTorth- Carolina,  in  Conven- 
tion assembled,  That  the  Treasurer  of  the  State  of  North-Car- 


1968.]  CONTENTION  JOURNAL,  65 

olina,  upon  the  warrant  of  the  President  of '  this  Convention 
is  hereby  authorized  and  directed  to  pay  the  per  diem  and 
"mileage  of  members  and  officers  of  this  Convention. 

After  considerable  discussion,  Mr.  Sweet  moved  the  previ- 
ous question,  which  the  House  sustained. 

Mr.  Durham  demanded  the  yeas  and  nays,  which  was 
agreed  to. 

The  yeas  and  nays  were  called  and  the  ordinance  was 
adopted  by  the  following  Vote,  yeas  104,  nays  12. 

Those  who  voted  in  the  affirmative  are  : 

Messrs,  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blnme,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Chillson,  Colgrove,  Coiigleton,  Cox,  Dickey,  Duckworth,  Ellis, 
Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gal- 
loway, Garland,  Garrett,  George,  Glover,  Graham  of  Mont* 
:gomery,  Grant  of  Way e,  Grant  of  Northampton,  Gully,  Gun- 
ter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Hali- 
fax, Heaton,  Highsmith,  Hobbs,  Hodnett,  Homer,  Hollowell, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington, 
King  ot  Lincoln,  King  of  Lenoir,  Kinney,  Baffin,  Lee,  Legg-, 
Logan,  Long,  Mann,  May,  Mayo,  Marshall,  McCubbins, 
McDonald  of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read,  Ren- 
frow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilly, 
Stilwell,  Sweet,  Taylor,  Teague,  Trogden,  Tucker,  Turner, 
Watts,  Welker,  Williams  of  Wake  and  Williamson— 104. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Daniel,  Dowel,  Durham,  Etheridge,  Graham 
of  Orange,  Hall,  Holt,  Lennon,  Merritt,  Sanderlin  and  Tour- 
gee — 12. 

On  motion  the  House  adjourned, 


SATURDAY  January  25th,  1868. 
The  Convention  was -called  to  order  at  11   o'clock,  by  the 
President. 
5 


66  CONVENTION  JOURNAL.  [Session 

Prayer  by  the  Rev.  Dr.  Mason. 

The  President  announced  a  quorum. 

The  Journal  of  Friday  read  and  approved. 

Mr.  Ragland  offered  a  petition  from  Martha  A.  Hopkins,  of 
the  County  of  Granville. 

Referred  to  the  Committee  on  Judicial  Department. 

Mr.  Garrett  offered  a  memorial  praying  the  Convention  to 
petition  Congress  for  the  relief  of  certain  men  banned  by  the 
Howard  Amendment. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Harris,  of  Wake,  presented  a  petition  from  the  people 
of  the  neighborhood  of  Jacob  Sorrells,  in  the  County  of  Wake. 

Referred  to  the  Committee  on  Relief. 

The  Committee  on  Finance,  to  whom  was  referred  an  ordi- 
nance regulating  the  jurisdiction  of  the  Courts  of  Law  and 
Equity  for  the  payment  of  all  debts  contracted  prior  to  May 
1st,  1 865,  reported  as  follows  : 

Returned  to  the  House  with  the  recommendation  that  the 
ordinance  do  not  pass. 

J.  C.  ABBOTT,  Chairman, 

On  motion  the  report  was  adopted. 

The  report  of  the  Committee  on  Militia  was  presented,  and 

On  motion  of  Mr.  Abbott  was  referred,  together  with  the 
report  of  the  Committee  on  Governor  and  other  necessary 
State  Executive  Officers,  to  a  Committee  of  the  Whole,  and 
made  the  Special  Order  for  Monday  at  12  o'clock,  M. 

Mr.  Daniel  presented  a  resolution  indemnifying  Mechanics 
and  Artizans  for  their  labor. 

Lies  over  under  the  rules. 

Mr.  Gunter  presented  the  following  resolution  : 

Resolved,  That  the  thanks  of  this  Convention  be  tendered 
to  the  managers  of  the  Deaf  and  Dumb  Asylum  for  the 
courtesy  extended  to  the  members  of  this  Convention. 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Hayes,  of  Halifax,  presented  a  resolution  regarding  the 
qualification  for  office. 


1868.]  CONVENTION  JOURNAL.  67 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Grant,  of  Wayne,  presented  a  resolution  respecting  the 
relief  of  the  people. 

Referred  to  the  Committee  on  Relief. 

Mr.  Kinney  introduced  a  resolution  with  regard  to  persons 
banned  by  the  Howard  Amendment. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Heaton  asked  leave  of  absence  until  Wednesday,  A.  M., 
for  Mr.  Daniel,  of  Wilson.     Granted. 

Mr.  Gully  received  leave  of  absence  from  the  House  until 
Monday  next. 

Mr.  Mullican  introduced  the  following  resolution: 

Resolved,  That  if  any  member  of  this  Convention  shall 
absent  himself  without  leave  of  this  Convention,  that  their 
per  diem  shall  cease  during  their  absence. 

On  motion  of  Mr.  Dowd,  the  resolution  was  laid  on  the 
table. 

Leave  of  absence  was  granted  to  Mr.  Hay,  of  Johnson,  also 
to  Mr.  Mann,  of  Cumberland,  until  Tuesday  next. 

Mr.  Galloway  presented  a  resolution  instructing  the  Com-    > 
mittee  on  the  Judicial  Department. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Peterson  introduced  a  resolution  in  relation  to  County 
Officers. 

Referred  to  a  Committee  on  Counties,  Towns,  &c. 

Mr.  Watts  introduced  a  resolution  to  relieve  political  disa- 
bility. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Congleton  introduced  a  resolution  declaring  all  laws 
passed  heretofore  by  any  Legislature  or  Convention,  null  and 
void. 

Referred  to  the  Committee  on  Legislature. 

Mr.  George  presented  a  resolution  in  favor  of  Edwin  C. 
Bartlett. 

Referred  to  the  Committee  on  Contingent  Expenses. 
Mr.  Renfrow  introduced  a  resolution  in  relation  to  the  sale 
of  land. 

Referred  to  the  Committee  on  Relief. 


68  CONVENTION  JOURNAL.  [Session 

Mr.  Peterson  introduced  a  resolution  in  relation  to  Justices 
of  the  Peace. 

Referred  to  the  Committee  on  Counties,  Towns,  &c. 

On  motion  of  Mr.  Rodman,  the  Journal  was  amended  by 
striking  out  "  referred  to  the  Committee  on  Elections  and 
Privileges,"  after  the  resolution  of  Mr.  Tourgee  instructing 
the  Committee  on  Elections. 

At  the  request  of  the  President,  Mr.  Rodman  took  the 
Chair. 

The  resolution  of  Mr.  Tourgee  was  then  taken  up,  and  after 
some  discussion,  was, 

On  motion  of  Mr.  Harris,  of  Wake,  laid  on  the  table.    . 

The  following  communication  from  Post  Headquarters  was 
received  and  read,  and, 

On  motion  of  Mr.  King,  of  Lenoir,  was  entered  on  the 
Journal : 

HEADQUARTERS  MILITARY  POST  OF  RALEIGH, 

Raleigh,  N.  C,  January  24th,  1868. 

Me.  T.  A.  Bvknes, 

Secretary  of  State  Convention,  Baleigh,  JV.  C: 

Sir  : — The  Colonel  Commanding  directs  me  to  acknowledge 
the  receipt  of  a  resolution  passed  by  the  Constitutional  Con- 
vention of  the  State,  January  22d,  inviting  the  officers  of  the 
United  States  on  duty  at  this  Post  to  the  floor  of  the  House 
of  said  Convention,  and  to  thank  the  members  of  the  Conven- 
tion for  the  honorable  compliment. 
I  am  sir, 

Very  respectfully, 

Your  obedient  servant, 

DANIEL  T.  WELLS, 
1st  Lt  Sth  Infantry,  Brevet  Major. 

Post  Adjutant. 

Mr.  Gimter  introduced  an  ordinance  in  relation  to  Suffrage. 
Referred  to  the  Committee  on  Suffrage. 


1868.]  CONVENTION  JOURNAL.  69 

Mr.  Ragland  introduced  an  ordinance  in  relation  to  Deeds 
and  Conveyances. 

Referred  to  the  Committee  on  the  Judicial  Department. 

UNFINISHED   BUSINESS. 

The  report  of  the  Committee  on  Internal  Improvements 
presented  yesterday,  was  laid  over  until  Monday. 

The  following  resolution  of  Mr.  Jones,  of  "Washington,  was 
taken  up,  and 

On  motion  was  adopted : 

Resolved,  That  the  Treasurer  of  the  State  of  North-Carolina 
be  requested  to  furnish  this  Convention  with  a  statement  of 
what  amount  of  stock  said  State  owns  in  the  Albemarle  and 
Chesapeake  Canal  Company,  what  she  has  paid  or  agreed  to 
pay,  or  is  under  any  obligation  in  the  future  to  pay,  what  is 
the  entire  amount  of  the  capital  stock  of  said  Company,  and 
where  owned,  and  whether  said  State  has  received  any  divi- 
dend or  interest  for  or  on  account  of  its  investment,  subscrip- 
tion or  endorsement  of  said  Company,  or  its  bonds,  and  how 
much,  or  whether  it  is  now  paying  its  interest  or  dividends 
regularly  to  the  State  ? 

The  following  resolution  of  Mr.  Jones,  of  Washington,  was 
also  taken  up,  and, 

On  motion,  was  adopted  : 

Reeolved,  That  the  Treasurer  of  the  State  cf  North-Caro- 
lina be  requested  to  furnish  this  Convention  with  a  statement 
of  the  indebtedness  of  said  State,  to  what  parties  or  sources, 
what  amount  to  each  ?  What  is  the  amount  of  her  endorse- 
ment for  Hail  Roads  or  other  improvements,  what  further  en- 
dorsement of  Rail  Road  Bonds  she  is  directed  to  make  under 
any  existing  laws  or  regulations,  and  when  passed,  what  pro- 
perty, 01  assets,  or  securities  the  State  holds'for  or  on  account 
of  said  indebtedness,  what  amount  of  stock  the  State  holds  in 
the  several  Corporations  of  this  State,  and  what  amount  of 
dividend  or  interest  she  receives  from  each  source  ? 

The  resolution  of  Mr.  Robbins  respecting  the  observance  of 
the  Sabbath,  was, 


70  CONTENTION  JOURNAL.  [Session 

On  motion  of  Mr.  King,  of  Lenoir,  laid  on  the  table. 

The  following  resolution  introduced  by  Mr.  Rodman  was 
taken  up,  and, 

On  motion,  adopted : 

Resolved,  That  the  Chairman  of  the  Committee  on  Print- 
ing have  power,  on  the  request  of  the  Chairman  of  any  Com- 
mittee to  cause  to  be  printed  for  the  use  of  this  Convention, 
any  matter  prepared  by  a  Committee  and  necessary  for  the 
information  of  the  delegates. 

The  ordinance  of  Mr.  Welker  providing  for  the  admission 
of  members  at  the  bar  from  other  States  to  practice  in  the 
Courts  of  North-Carolina  was  taken  up  and  referred  to  the 
Committee  on  the  Judicial  Department. 

The  ordinance  of  Mr.  Welker  regarding  the  liabilities  of 
Banks  was  taken  up,  and  referred  to  the  Committee  on 
Finance. 

On  motion  the  House  adjourned. 


MONDAY,  January  27th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Dr.  Smith. 

The  Chair  announced  a  quorum. 

The  Journal  of  Saturday  was  read  and  approved. 

Mr.  Lanin  asked  and  obtained  leave  of  absence  for  Mr. 
Legg  until  Thursday  next. 

Mr.  King,  of  Lenoir,  presented  a  petition  from  the  citizens 
of  Lincoln,  asking  the  removal  of  rebel  State  officers. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Hood  presented  a  memorial  from  the  citizens  of  Samp- 
son Countjr,  respecting  the  late  election  in  that  County. 

Referred  to  the'  Committee  on  Elections. 

Mr.  Hood  presented  a  resolution  relative  to  the  appoint- 
ment of  a  Committee  to  gather  such  information  as  would 
enable  them  to  report  the  names  of  persons  to  be  presented  to 
Congress  for  relief  from  disability. 

Lies  over  under  the  rules. 


1868.]  CONTENTION  JOURNAL.  71 

Mr.  Legg  introduced  a  resolution  in  reference  to  Schools 
and  School  Funds. 

Referred  to  the  Committee  on  Education. 

,Mr.  Legg  also  introduced  a  resolution  in  relation  to  the 
taxation  of  real  and  personal  property. 

Referred  to  the  Committee  on  Finance. 

Mr.  Andrews  introduced  a  resolution  in  regard  to  the 
rights  of  the  community. 

Referred  to  the  Committee  on  Bill  of  Rights. 

Mr.  Glover  introduced  an  ordinance  to  revive  debts. 

Lies  over  under  the  rules. 

Mr.  Duckworth  introduced  an  ordinance  in  regard  to  ad. 
mission  to  the  bar. 

Lies  over  under  the  rules. 

Mr.  French,  of  Bladen,  offered  a  resolution  in  relation  to 
taxes. 

Lies  over  under  the  rules. 

Mr.  Candler  presented  an  ordinance  repealing  the  granting 
of  a  general  amnesty  and  pardon  to  soldiers,  &c,  ratified  by 
the  General  Assembly,  Dec.  22d,  1866. 

Lies  over  under  the  rules. 

Mr.  Jones,  of  Caldwell,  offered  a  resolution  in  regard  to 
increasing  the  indebtedness  of  the  State. 

Lies  over  under  the  rules. 

Mr.  Welter  introduced  an  ordinance  on  the  distillation  of 
grain. 

Lies  over  under  the  rules. 

Mr.  Rodman  presented  a  resolution  respecting  Contingent 
Expenses. 

Lies  over  under  the  rules. 

Mr.  Tourgee  introduced  a  resolution  in  regard  to  Banks  of 
Issue. 

Referred  to  the  Committee  on  Corporations  other  than 
Municipal. 

Mr.  King,  of  Lenoir,  offered  a  resolution  amending  rule  36. 

Lies  over  under  the  rules. 

Mr.  Mullican  introduced  an  ordinance  declaring  that  con- 
tracts shall  be  held  sacred  and  inviolate. 


72  CONVENTION  JOURNAL.  [Session 

Lies  over  under  the  rules. 

Mr.  Laflin  introduced  a  resolution  on  relief. 

Referred  to  the  Committee  on  Relief. 

Mi*.  Pierson  introduced  a  resolution  requesting  the  consid- 
eration of  some  just  and  practicable  plan  for  the  admission  of" 
all  races  to  the  benefits  of  the  Deaf  and  Dumb  Asylum.. 

Referred  to  the  Committee  on  Penal  Institutions. 

Mr.  Cherry  introduced  a  resolution  on  Suffrage. 

Referred  to  the  Committee  on  Suffrage. 

"UNFINISHED  BUSINESS. 

The  report  of  the  Committee  on  Internal  Improvements,, 
was  laid  over  until  Tuesday  at  the  request  of  Mr.  Abbott,  the 
Chairman. 

The  following  resolution  of  Mr.  Daniel,  of  Wilson,  was 
taken  up  and  put  upon  its  passage  : 

JResolved,  That  the  Standing  Committee  on  the  Judiciary 
are  hereby  requested  to  report  such  a  provision  to  the  new 
Constitution  as  will  clearly  authorize  the  first  Legislature- 
convening  under  it  to  pass  suitable  laws  giving  Mechanics  and 
Artizans  an  ample  lean  as  indemnity  for  their  labor. 

Mr.  Heaton  moved  to  amend  by  inserting  after  the  word 
requested  the  words,  "  if  deemed  advisable."' 

The  resolution  as  amended,  was,  on  motion,  adopted. 

At  12  o*elock  the  Convention  resolved  itself  into  a  Com- 
mittee of  the  Whole. 

Mr.  Jones,  of  Washington,  m  the  Chair. 

The  following  report  of  the  Committee  on  a  Governor  and 
other  necessary  State  Executive  Officers  was  read : 

REPORT  OF  THE  COMMITTEE  ON  A  GOVERNOR 
AND  OTHER  NECESSARY  STATE  EXECUTIVE. 
OFFICERS. 

The  Committee  to  whom  was  confided  that  portion  of  the 
proposed  Constitution  which  relates  to  the  officers  of  the  Ex- 
ecutive Department  of  the  State,  beg  leave  to  submit  the  fol- 
lowing Article,  as  within,  in  eighteen  sections : 

W.  NICHOLSON,  Chairman. 


1868.]  CONVENTION  JOURNAL.  73 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  in  whom  shall  be  vested  the  supreme  Executive 
power  of  the  State,  a  Lieutenant-Governor,  a  Secretary  of 
State,  an  Auditor,  a  Treasurer,  a  Superintendent  of  Public 
Works,  a  Superintendent  of  Public  Instruction,  and  an  Attor- 
ney-General, who  shall  be  elected  for  the  term  of  two  years, 
by  the  qualified  electors  of  the  State,  at  the  same  times  and 
places,  and  in  the  same  manner,  as  members  of  the  General 
Assembly  are  elected.  Their  term  of  office  shall  commence 
on  the  first  day  of  January  next  after  their  election,  and  con- 
tinue until  their  successors  are  elected  and  qualified. 

Sec.  2.  No  person  shall  be  eligible  as  Governor,  or  as  Lieu- 
tenant-Governor, unless  he  shall  have  been  a  citizen  of  the 
United  States  for  twenty  years,  shall- have  attained  the  age  of 
thirty  years,  and  shall  have  been  a  resident  of  this  State  for 
two  years  next  before  the  day  of  election^  nor  shall  the  per- 
son elected  to  either  of  these  two  offices  be  eligible  to  the 
same  office  more  than  four  years  in  any  term  of  six  years,  un- 
less the  office  shall  have  been  cast  upon  him  as  Lieutenant- 
Governor  or  President  of  the  Senate. 

Sec  3.  The  returns  of  every  election  for  officers  of  the  Ex- 
ecutive Department  shall  be  sealed  up  and  transmitted  to  the 
seat  of  government  by  the  returning  officers,  directed  to  the 
Speaker  of  the  House  of  Commons,  who  shall  open  and  pub- 
lish the  same  in  the  presence  of  a  majority  of  the  members  of 
both  Houses  of  the  General  Assembly,  The  persons  having 
the  highest  number  of  votes  respectively  shall  be  declared 
dul}'  elected ;  but  if  two  or  more  be  equal  and  highest  in  votes 
for  the  same  office,  then  one  of  them  shall  be  chosen  by  joint 
ballot  of  both  Houses  of  the  General  Assembly.  Contested 
elections  shall  be  determined  by  a  joint  vote  of  both  Houses 
of  the  General  Assembly,  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec  4.  The  Governor  before  entering  upon  the  duties  of 
his  office,  shall,  in  the  presence  of  the  members  of  both  branches 
of  the  General  Assembly,  or  before  any  Justice  of  the  Supreme 
Court,  take  an  oath  or  an  affirmation  that  to  the  best  of  his 
knowledge  and  belief  he  is  eligible  under  the  Constitution; 


74  CONTENTION  JOURNAL.  [Session 

and  laws  of  this  State,  to  the  office  to  which  he  has  been 
elected  ;  that  he  will  faithfully  execute  the  duties  appertain- 
ing to  the  office  of  Governor  of  the  State  of  North-Carolina  ; 
and  that  he  will,  to  the  best  of  his  ability,  preserve,  protect 
and  defend,  the  Constitution,  of  this  State  and  the  Constitu- 
tion of  the  United  States. 

Sec.  5.  The  Governor  shall  reside  at  the  seat  of  Govern- 
ment of  this  State,  and  he  shall,  from  time  to  time,  give  the 
General  Assembly  information  of  the  affairs  of  the  State  and 
and  recommend  to  their  consideration  such  measures  as  he 
shall  deem  expedient. 

Sec.  6.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations,  and  pardons,  after  conviction,  for  all  offences, 
(except  treason  and  cases  of  impeachment,)  upon  such  condi- 
tions and  with  such  restrictions  and  limitations  as  he  may 
think  proper,  subject  to  such  regulations  as  may  be  provided 
by  law  relative  to  the  manner  of  applying  for  pardons.  In 
every  case  of  conviction  for  treason,  he  shall  have  power  to 
suspend  the  execution  of  the  sentence,  until  the  case  shall  be 
reported  to  the  General  Assembly  at  its  next  meeting,  when 
the  General  Assembly  shall  pardon  the  convict,  commute  the 
sentence,  direct  the  execution  thereof,  or  grant  a  further 
reprieve.  He  shall  biennally  communicate  to  the  General 
Assembly  each  case  of  reprieve,  commutation,  or  pardon 
granted,  stating  the  name  of  the  convict,  the  crime  for  which 
he  was  convicted,  the  sentence  and  its  date,  and  the  date  of 
commutation,  pardon  or  reprieve,  and  the  reasons  therefor. 

Sec  7.  The  officers  of  the  Executive  Department  and  of  the 
public  Institutions  of  the  State  shall  at  least  five  days  previ- 
ous to  each  reguler  session  of  the  General  Assembly,  severally 
report  to  the  Governor,  who  shall  transmit  such  reports,  with 
his  message,  to  the  General  Assembly ;  and  the  Governor 
may,  at  any  time,  require  information  in  writing  from  the 
officers  in  the  Executive  Department,  upon  any  subject  rela- 
ting to  the  duties  of  their  respective  offices,  and  shall  take 
care  that  the  laws  be  faithfully  executed. 

Sec,  &  The  Governor  shall  be  Commander-in-Chief  of  the 


1868.]  CONTENTION  JOUKNAL.  75 

Militia  of  the  State,  except  when  they  shall  he  called  into  the 
service  of  the  United  States. 

Sec.  9.  The  Governor  shall  have  power,  on  extraordinary 
occasions,  by  and  with  the  advice  of  the  Council  of  State,  to 
convene  the  General  Assembly  in  extra  session  by  his  procla- 
mation, stating  therein  the  purpose  or  purposes  for  which 
they  are  thus  convened. 

Sec.  10.  The  Governor  shall  nominate,  and,  by  and  with 
the  advice  and  consent  of  a  majority  of  the  Senators  elect, 
appoint  all  officers  whose  offices  are  established  by  this  Con- 
stitution, or  which  may  be  created  by  law  and  whose  appoint- 
ments are  not  otherwise  provided  for,  and  no  such  officer 
shall  be  appointed  or  elected  by  the  General  Assembly. 

Sec.  11.  The  Lieutenant-Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate,  but  shall  have  no  vote  un- 
less the  Senate  be  equally  divided.  He  shall,  whilst  acting 
as  President  of  the  Senate,  receive  for  his  services  the  same 
pay  which  shall,  for  the  same  period,  be  allowed  to  the 
Speaker  of  the  House  of  Commons,  and  he  shall  receive  no 
other  compensation  except  when  he  is  acting  as  Governor. 

Sec  12.  In  case  of  the  impeachment  of  the  Governor,  his 
failure  to  qualify,  his  absence  from  the  State,  his  inability  to 
discharge  the  duties  of  his  office,  or  in  case  the  office  of  Gov- 
ernor shall  in  anywise  become  vacant,  the  powers,  duties  and 
emoluments  of  the  office  shall  devolve  upon  the  Lieutenant- 
Governor  until  the  disabilities  shall  cease  or  a  new  Governor 
shall  be  elected  and  qualified.  In  every  case  in  which  the 
Lieutenaut-Governor  shall  be  unable  to  preside  over  the  Sen- 
ate, the  Senators  shall  elect  one  of  their  own  number  President 
of  their  body  ;  and  the  powers,  duties  and  emoluments  of  the 
office  of  Governor  shall  devolve  upon  him  whenever  the  Lieu- 
tenant Governor  shall,  for  any  reason,  be  prevented  from  dis- 
charging the  duties  of  such  office  as  above  provided,  and  he 
shall  continue  as  acting  Governor  until  the  disabilities  be  re- 
moved or  a  new  Governor  or  Lieutenant-Governor  shall  be 
elected  and  qualified.  Whenever,  during  a  recess  of  the 
General  Assembly,  it  shall  become  necessary  for  a  President 
of  the  Senate  to  administer  the  government,  the  Secretary  of 


76  CONTENTION  JOURNAL.  [Session 

State  shall  convene  the  Senate,  that  they  may  elect  such 
President. 

Sec.  13.  The  respective  duties  of  the  Secretary  of  State, 
Auditor,  Treasurer,  Superintendent  of  Public  Works,  Super- 
intendent of  Public  Instruction,  and  Attorney  General,  shall 
be  prescribed  by  law.  If  the  office  of  any  of  said  officers  shall 
be  vacated,  by  death,  resignation,  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  appoint  another  until  the  disability 
be  removed,  or  his  successor  be  elected  and  qualified.  Every 
such  vacancy  shall  be  filled  by  elction  at  the  first  general 
election  that  occurs  more  than  thirty  days  after  the  vacancy 
has  taken  place,  and  the  person  chosen  shall  hold  the  office 
for  the  remainder  of  the  unexpired  term  fixed  in  the  first  sec- 
tion of  this  article. 

Sec  14.  The  Secretary  of  State,  Auditor,  Treasurer,  Su- 
perintendent of  Public  Works  and  Superintendent  of  Public 
Instruction,  shall  constitute,  ex  officio,  the  Council  of  State, 
who  shall  advise  the  Governor  in  the  execution  of  his  office 
and  three  of  whom  shall  constitute  a  quorum ;  their  advice 
and  proceedings,  in  this  capacity,  shall  be  entered  in  a  jour- 
nal to  be  kept  for  this  purpose  exclusively,  and  signed  by  the 
members  present,  against  any  part  of  which  any  member  may 
enter  his  dissent ;  and  such  journal  shall  be  placed  before  the 
General  Assembly  when  called  for  by  either  house.  The  At- 
torney General  shall  be,  ex  officio,  the  legal  adviser  of  the 
Executive  Department. 

Sec.  15.  The  officers  mentioned  in  this  article  shall,  at 
stated  periods,  receive  for  their  services  a  compensation  to 
be  established  by  law,  which  shall  neither  be  increased  nor 
diminished  during  the  time  for  which  they  shall  have  been 
elected  ;  and  the  said  officers  shall  receive  no  other  emolu- 
ment or  allowance  whatever. 

Sec  16.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him  as  occasion  may  re- 
quire, and  shall  be  called  "  the  Great  Seal  of  the  State  of 
North-Carolina."  All  grants  and  commissions  shall  be  issu- 
ed in  the  name  and  by  the  authority  of  the  State  of  North- 
Carolina,  sealed  with  "  the  Great  Seal  of  the  State,"  signed 


i 


1868.]  CONTENTION  JOtJRNAL.  77 

by  the  Governor  and  countersigned  by  the  Secretary  of  State. 

Sec.  17.  All  fees  that  may  hereafter  be  made  payable  by 
law  for  any  services  performed  by  any  officer  provided  for  in 
this  Article  of  the  Constitution,  shall  be  paid  in  advance  di- 
rectly into  the  Treasury  of  the  State. 

Sec.  18.  There  may  be  established  in  the  office  of  Secreta- 
ry of  State  a  Bureau  of  Statistics  and  of  Agriculture,  under 
such  regulations  as  the  General  Assembly  may  provide. 

On  motion  of  Mr.  Abbott,  it  was  agreed  that  the  report  be 
adopted  by  sections. 

After  considerable  discussion  on  the  first  section,  the  Com- 
mittee arose  and  reported  progress,  and  asked  leave  to  sit 
again,  which  was  granted. 

A  communication  was  received  from  Mr.  Battle,  State 
Treasurer,  and  read  to  the  House. 

The  following  motion  of  Mr.  Heaton  was  adopted  : 

That  the  report  of  the  Treasurer  of  the  State  be  referred  to 
the  Committee  of  three  consisting  of  Messrs.  Abbott,  Ragland 
and  Durham,  to  consult  with  General  Canby  on  matters  of 
public  interest,  with  directions  that  the  said  Committee  for- 
ward the  same  to  General  Canby,  arid  request  him  to  order 
the  Treasurer  to  comply  with  the  ordinance. 

On  motion  the  House  adjourned. 


TUESDAY,  January  28th,  1868, 

The  Convention  was  called  to  order  at  11  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Dr.  Ellis. 

The  President  announced  a  quorum. 

The  Journal  of  Monday  was  read  and  approved. 

The  report  of  the  Committee  on  Relief  was   received,  and? 

On  motion  of  Mr.  Tourgee,  was  ordered  to  be  printed  and 
made  the  Special  Order  for  "Wednesday  at  12  o'clock. 

Mr.  Rich  offered  a  resolution  amending  the  Rules  of  Order, 

Lies  over  under  the  rules. 

Mr.  Gunter  introduced  a  resolution  instructing  the  Corn- 


78  CONTENTION  JOURNAL.  [Session 

mittee  on  Relief  to  report  an  ordinance  declaring  void  certain 
contracts,  &c. 

Lies  over  nnder  the  rules. 

Mr.  Laflin  presented  a  resolution  retiring  present  outstand- 
ing State  Bonds  and  issuing  new  ones  in  their  places. 

Lies  over  under  the  rules. 

Mr.  Parker  introduced  a  resolution  in  relation  to  the  ses- 
sion and  adjournment  of  the  Convention. 

Lies  over  under  the  rules. 

Mr.  Read  introduced  a  resolution  in  regard  to  the  hour 
of  meeting  of  the  Convention. 

Lies  over  under  the  rules. 
N  Mr.   Hyman   introduced   a  resolution    instructing  certain 
committees  as  to  the  revision  or  framing  of  the  Constitution. 

Referred  to  the  Committee  on  Suffrage. 
-y  Mr.  Eppes  introduced  a  resolution  in  relation  to  the  taxation 
of  Cattle,  &g. 

Referred  to  the  Committee  on  Towns,  Counties,  &c. 

Mr.  May  submitted  a  resolution  to  proceed  immediately 
with  the  framing  of  the  Constitution  and  dispensing  with 
other  business. 

Referred  to  the  Committee  of  sixteen. 

Mr.  Baker  offered  a  resolution  in  relation  to  Test  Oaths. 

Referred  to  the  Committee  on  Suffrage  and  Eligibility  to 
Office. 

Mr.  Ellis  introduced  a  resolution  in  relation  to  the  Recon- 
struction Acts. 

Lies  over  under  the  rules. 

'Mr.  Harris,  of  Wake,  submitted  a  resolution  in  relation  to 
Congressional  Districts. 

Lies  over  under  the  rules. 

Mr.  Hayes,  of  Robeson,  introduced  an  ordinance  to  encour- 
age the  establishment  of  Manufactories. 

Referred  to  the  Committee  on  Finance. 

UNFINISHED   BUSINESS. 

__'._  The  resolution  of  Mr.  Hood  regarding  the  removal  of  disa- 
bilities, was  taken  up  and  discussed. 


A 


1868.]  CONTENTION  JOURNAL.  79 

The  hour  of  12  having  arrived,  the  House, 

On  motion  of  Mr,  Abbott,  resolved  itself  into  a  Committee 
of  the  Whole. 

Mr.  Jones,  of  Washington,  was  called  to  the  Chair. 

At  3  o'clock  the  Committee  arose,  and  Mr.  Jones,  of  Wash- 
ington, Chairman,  reported  progress,  also  that  section  first  of 
the  report  of  the  Committee  on  a  Governor  and  other  necessary 
State  Executive  Officers,  had  been  adopted,  by  adding  after 
the  word  qualified  in  the  eleventh  line  the  following  words  : 

"  Provided,  That  the  officers  first  elected,  shall  assume  the 
duties  of  their  office  thirty  days  after  the  ratification  of  this 
Constitution  by  the  Congress  of  the  United  States,  and  shall 
hold  their  office*  for  two  years  from  and  after  the  first  day  of 
January,  1869." 

Also,  that  the  following  had  been  submitted  for  section  2d. 

"  Sec.  2.  No  person  shall  be  eligible  as  Governor  or  Lieuten- 
ant-Governor unless  he  shall  have  attained  the  age  of  thirty 
years,  and  shall  have  been  a  resident  of  the  United  States  for 
twenty  years,  and  of  the  State  of  North-Carolina  for  two 
years,  next  before  the  day  of  this  election ;  nor  shall  the  per- 
son elected  to  either  of  these  two  offices  be  eligible  to  the  same 
office  more  than  four  years  in  any  term  of  six  years,  unless  the 
office  shall  have  been  cast  upon  him  as  Lieutenant-Governor, 
or  President  of  the  Senate." 

The  Committee  asked  leave  to  sit  again,  which  was  granted. 

On  motion  the  House  adjourned. 


WEDNESDAY,  Ja^aey  29th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Ashley. 

The  President  announced  a  quorum. 

The  Journal  of  Tuesday  was  read  and  approved. 

The  following  communication  from  the  State  Treasurer  was 
read  to  the  Convention  : 


SO  CONVENTION  JOURNAL.  [Session 

STATE  OF  NORTH-CAROLINA, 

Treasury  Department, 
Raleigh,  January  27th,  1868, 

Hon.  C.  J.  Cowles, 

President  of  Constitutional  Convention 

of  North- Carolina : 

Sir  :-=-!  have  the  honor  to  acknowledge  the  reception  of  the 
following  resolution  of  your  honorable  body,  viz : 

"  Resolved,  That  the  Treasurer  of  the  State  of  North-Caro- 
lina, be  requested  to  furnish  this  Convention  with  a  statement 
of  what  amount  of  stock  said  State  owns  in  the  Albemarle 
and  Chesapeake  Canal  Company ;  what  she  has  paid  or 
agreed  to  pay,  or  is  tinder  any  obligation  in  the  future  to  pay  ; 
what  is  the  entire  amount  of  the  Capital  Stock  of  said  Com* 
pany  and  where  owned :  and  whether  said  State  has  received 
any  dividend  or  interest  for,  or  on  account  of  its  investment, 
subscription  or  endorsement  of  said  Company  or  its  Bonds, 
and  how  much,  or  whether  it  is  now  paying  its  interest,  or 
dividends  regularly,  to  the  State." 

I  take  pleasure  in  answering  as  far  as  my  information  ex» 
tends  the  qustions  therein,  seriatim : 

1st.  The  stock  of  the  State  in  the  Albemarle  and  Chesa* 
peake  Canal  Company  is  $350,000. 

To  pay  for  said  stock  the  State  issued  $350,000,  six  per 
cent  coupon  bonds,  running  thirty  years  from  April  1st,  1857, 
and  April  1st,  1859,  coupons  and  interest  payable  in  New 
York.  Of  these  $26,000  have  been  paid  in  to  the  State  for 
Raleigh  and  Gaston  Rail  Road  Company  stock,  leaving  out- 
standing "$324,000. 

3rd.  By  Act  of  1860-'61,  chap.  121,  ratified  February  6th, 
1861,  the  State  agrees  to  exchange  with  said  Company  $200,- 
00  ,  State  six  per  cent  bonds,  for  the  amount  of  seven  per 
cent  first  mortgage  bonds  of  the  Company.  This  exchange 
has  not  been  applied  for  by  the  Company.  Indeed,  I  do  not 
know  that  this  amendment  to  the  charter  of  the  Company 
has  ever  been  accepted. 


186S.J  CONVENTION  JOURNAL.  81 

4th.  I  learn  from  a  late  report  made  to  the  Stockholders  of 
the  Company  that  on  September  30th,  1866,  the  authorized 
capital  was  $1,500,000,  of  which  the  following  has  been  paid 
tip,  viz  : 

By  State  of  North  Carolina,  $350,000 

Currituck  County-,  44,000 

Individuals,  494,100 


888,100 

1  have  no  other  information  than  rumor  as  to  the  residences 

of  individuals  owning  stock. 

5th.  This  Company  has  never  paid  anything  to  the  State 

for  interest  or  dividend.     I  think  there  is  no  prospect  of  any 

such  payment  in  any  reasonable  time.     All  the  property  of 

the  company  is  mortgaged  for  $400,000  bonds  issued  by  the 
■company. 

Very  respectfully, 

'kemp  p.  battle, 

Public  Treasurer. 

Mr.  Jones,  of  Washington,  moved  to  refer  the  communica- 
tion to  the  Committee  on  Finance,  with  instruction  to  report 
What  steps  to  take  in  reference  to  the  Corporation. 

Mr.  Watts  presented  a  communication  from  the  County  of 
Sampson. 

Referred  to  the  Committee  on  Elections. 

Mr.  Abbott  read  a  communication  from  the  President  of 
the  Wilmington,  Charlotte  and  Rutherford  Rail  Road  Com. 
p.any. 

-I  Mr.  Harris,   of  Wake,   presented  a  communication  from 
Sampson  County,  contesting  the  seat  of  a  delegate. 

Referred  to  the  Committee  on  Elections  with  instructions 
to  report  at  an  early  day. 

The  Committee  on  Homesteads,  presented  a  majority  and 
a  minority  report,  which  was  ordered  to  be  printed. 

Mr.  Harris,  of  Wake,  introduced  a  resolution  requiring  im* 
mediate  action  on  the  Constitution,  and  a  bill  forth©  relief  of 
the  people. 
6 


H, 


82  CONVENTION  JOURNAL,  [Session 

Lies  over  under  the  rules. 

Mr.  Mann  introduced  an  ordinance  to  change  the  manner 
of  payment  of  the  State's  subscription  to  the  capital  stock  of 
the  Western  Rail  Road  Company. 

Referred  to  the  Committee  on  Internal  Improvements. 

Mr.  King  presented  a  resolution  respecting  the  action  of 
this  Convention. 

Lies  over  under  the  rules. 

Mr.  Congleton  introduced  a  resolution  in  reference  to  im- 
mediate action  on  the  Constitution,  and  a  bill  of  Relief. 

Lies  over  under  the  rules. 

Mr.  Rich  introduced  a  resolution  in  regard  to  sheriffs. 

Lies  over  under  the  rules. 

The  hour  of  twelve  o'clock  having  arrived,  the  following 
report  of  the  Select  Committee  on  Relief,  being  made  a  spe- 
cial order,  was  taken  up. 

REPORT  OF  SELECT  COMMITTEE  ON  RELIEF. 

To  the  Constitutional  Convention  of  North-Carolina  : 

The  undersigned,  a  majority  of  the  Select  Committee  on 
Relief,  respectfully  report  the  following  Ordinance  and  Reso- 
tion  and  recommend  their  passage  : 

AN   ORDINANCE    RESPECTING    THE    JURISDIC- 
TION OF  THE  COURTS  OF  THIS  STATE. 

Section  1.  Be  it  ordained  ly  the  people  of  North- Carolina 
in  Convention  assembled.  That  no  Court  of  law  or  equity  of 
this  State  shall  have  jurisdiction  of  any  suit  or  action  founded 
on  any  contract  made  prior  to  the  first  day  of  May,  1865,  (ex- 
cept actions  against  public  officers,  executors,  administrators, 
guardians,  trustees,  and  others  acting  in  a  fiduciary  capacity, 
and  their  surities  for  breach  of  their  respective  duties,  by  the 
appropriation  to  their  own  use  of  money  or  property  officially 
received  by  them  or  other  fraudulent  act,)  or  of  any  action  or 
process  to  revive  or  enforce  any  judgment  heretofore  recover- 


1868.]  CONTENTION  JOURNAL.  83 

ed  on  any  such  contract,  whether  such  action  be  now  pend- 
ing, or  shall  be  commenced  hereafter,  and  whether  such  pro- 
cess has  been  already  issued  or  shall  be  hereafter  sued  for ; 
and  the  sheriffs,  coroners  and  constables  of  this  State,  having 
in  their  hands  any  final  process  issued  upon  any  judgment 
founded  on  such  cause  of  action,  are  hereby  commanded  to 
stay  all  proceeding  upon  the  same,  and  return  the  same  to 
the  proper  courts. 

Sec.  2.  This  Ordinance  shall  be  in  force  from  and  after  its 
ratification  by  this  Convention,  and  shall  continue  in  force 
until  the  first  day  of  July,  1868,  or  until  the  Constitution, 
which  this  Convention  has  met  to  adopt,  shall  go  into  effect, 
whichever  shall  first  happen. 

Resolved,  That  a  copy  of  the  forgoing  Ordinance  be  sent 
to  Major-General  Canby,  Commanding,  &c,  and  that  he  be 
respectfully  requested  to  cause  the  same  to  be  enforced. 

Mr.  McDonald,  one  of  the  Committee,  agrees  in  recom- 
mending the  foregoing,  with  the  exception  of  the  exception  in 
the  first  section,  which  he  thinks  should  be  stricken  out. 

WILL.  B.  RODMAN,  Chairman. 

john  a.  Mcdonald, 
john  read, 
g.  w.  bradley, 
j.  h.  duckworth. 

Mr.  Watts  offered  the  following  amendment : 

Strike  out  in  section  1st,  all  included  in  exceptions  and  in- 
sert after  the  word  "  except,"  "  contracts  or  engagements  en- 
tered into  for  the  purchase  of  real  estate  where  one  half  of  the 
purchase  money  has  not  been  paid." 

The  Committee  on  Preamble  and  Bill  of  Rights  reported 
through  their  Chairman,  Mr.  Heaton. 

The  report  was  ordered  to  be  printed. 

The  house  granted  leave  of  absence  to  Mr.  King,  of  Lenoir. 

Mr.  French,  of  Chowan,  presented  the  following  resolu- 
tion : 

Resolved,  That  the  Committee   on   Finance,  either  in  the 


\ 


84  CONVENTION  JOURNAL.  [Session 

name  of  the  whole  Committee  or  in  the  name  of  a  sub  com- 
mittee, be  authorized  to  negotiate  a  loan  not  to  exceed  ten 
thousand  dollars  (10,000)  in  order  to  pay  the  mileage  of  mem- 
bers. 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

On  motion  the  house  adjourned. 


THURSDAY,  Janttaey  30th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

A  quorum  was  announced  by  the  President. 

The  Journal  of  Wednesday  was  read  and  approved. 

A  communication  from  Dr.  Fisher  was  read,  inviting  the 
delegates  of  the  Convention  to  visit  the  Insane  Asylum. 
1      Mr.  Galloway  introduced  a  resolution  pertaining  to  the 
'City  of  Wilmington. 

Referred  to  the  Committee  on  Counties,  Towns,  &c. 

Mr.  Ashley  introduced  a  resolution  instructing  the  Com- 
mittee on  Corporations  other  than  Municipal. 

Referred  to  the  Committee  on  Corporations. 

Mr.   Ashley  also  introduced  a   resolution   instructing  the 
Committee  on  the  Legislature. 

Referred  to  the  Committee  on  Legislature. 

Mr.  Harris,  of  Wake,  presented  an  ordinance  providing 
means  of  relief. 

Lies  over  under  the  rules. 

Mr.  Gunter  introduced  a  resolution  to  change  the  hour  of 
daily  meeting  of  the  Convention. 

Lies  over  under  the  rules. 

Mr.  McDonald,  of  Chatham,  introduced  an  ordinance  levy- 
ing a  tax  of  seventy-five  per  cent  on  old  debts. 

On  motion,  was  ordered  to  be  printed. 

Mr.  Teague  presented  a  resolution   instructing  the  Com- 


1868.]  CONTENTION  JOURNAL.  85 

mittee  of  three  to  enquire  of  General  Canby  how  far  he  will 
recognize  legislation  by  this  Convention. 

Lies  over  under  the  rules. 

The  Committee  on  Privileges  and  Elections  submitted  their 
report,  through  Mr.  Abbott. 

On  request  it  was  laid  over. 

The  Committee  on  relief  presented  a  report,  and, 

On  motion,  was  ordered  to  be  printed. 

The  majority  and  minority  reports  of  the  Committee  on  / 
Suffrage  was  presented,  and, 

On  motion,  was  ordered  to  be  printed,  and  made  Special 
Order  for  Thursday  next,  at  12  o'clock,  M. 

The  following  communication  was  received  from  the  State 
Treasurer,  which  was  ordered  to  be  printed,  six  copies  to  each 
member : 


STATE  OF  NORTH-CAROLINA, 

Treasury  Department, 
Raleigh,  January  29th,  1868. 


Hon.  Calvin  J.  Cowles, 

President  of  Constitutional  Convention 

of  North-  Carolina : 

Sir  : — I  have  the  honor  in  response  to  the  resolution  of  your 
honorable  body,  requesting  me  to  furnish  the  Convention  a 
"  statement  of  the  indebtedness  of  the  State,  to  what  parties 
or  sources,  what  amount  to  each,  what  is  the  amount  of  her 
endorsement  for  Rail  Road  or  other  improvements,  what 
further  endorsement  of  Rail  Road  Bonds  she  is  directed  to 
make  under  any  existing  law  or  regulation  and  when  passed, 
what  property  or  assets,  or  securities  said  State  holds  for,  or 
on  account  of  said  indebtedness — what  amount  of  stock  the 
State  holds  in  the  several  corporations  of  this  State,  and  what 
amount  of  dividend  or  interest  she  receives  annually  from 
each  source  ?" 

I  enclose  a  tabular  statement  giving  in  detail, 

1st.  A  list  of  the  bonds  and  certificates  of  indebtedness  of 


86  CONTENTION  JOURNAL.  [Session 

the  State,  outstanding  on  the  first  day  of  October,  1867,  ag- 
gregating principal  and  interest  $13,970,000,  and  adding  in- 
ternal improvement  bonds  issued  during  the  war,  $15,238,000, 
showing  under  what  acts  the  debts  were  incurred  and  for  what 
purpose,  where  and  when  the  different  classes  of  debt  and  in- 
terest thereon  are  payable,  when  the  principal  will  become 
due  and  what  rate  of  interest  is  payable.  Since  October  first, 
1867,  the  alteration  in  the  status  of  the  debt  has  been  incon- 
considerable. 

2d.  A  list  showing  the  stocks  and  other  securities  owned 
by  the  State. 

I  have  also  given  a  list  of  bonds  issued  for  internal  improve- 
ment purposes  during  the  war.  Of  these,  all  except  those  for 
the  benefit  of  the  Chatham  Rail  Road  Company,  were  issued 
under  acts  passed  before  the  war. 

The  interest  due  and  unpaid,  estimated  is  only  approximate, 
as  during  the  war,  coupons  of  old  and  new  bonds  were  paid 
at  the  Treasury  without  a  separate  account  of  each  being  kept, 
but  the  estimate  is  substantially  correct. 

Owing  to  the  fact,  that  $6S2,500,  bonds  of  the  State,  were 
surrendered  in  exchange  for  State  stock  in  the  Raleigh  and 
Gaston  Rail  Road  Company,  and  $304,600,  bonds  belonging 
to  Literary  Board  were  likewise  surrendered  in  exchange  for 
registered  certificates,  the  amounts  in  the  tables  do  not  ex- 
actly represent  the  amounts  originally  issued. 

As  nearly  all  of  the  debt  of  the  State  is  evidenced  by  coupon 
bonds  payable  to  bearer  and  negotiable  by  delivery,  I  regret 
that  it  is  impossible  for  me  to  state  the  names  of  the  owners 
of  said  bonds. 

The  State  is  not  responsible  as  endorser  of  any  bonds, 
strictly  speaking.  As  stated  in  the  table  $74,500  bonds 
issued  by  the  Cape  Fear  and  Deep  River  Navigation  Company 
were  originally  company  bonds  endorsed  by  the  State,  but  the 
same  have  since  been  assumed  by  the  State,  and  stand  on  the 
same  footing  as  regular  State  Bonds. 

The  large  amount  of  stock  in  the  "Western  Rail  Road  Com- 
pany results  from  the  transfer  to  that  Company  of  $1,000,000, 
second  mortgage  bonds  of  the  Wilmington,  Charlotte  and 


1868.]  CONTENTION  JOURNAL.  87 

Rutherford  Rail  Road  Company,  in  exchange  for  that  amount 
of  stock  in  the  former  company,  under  the  act  of  February 
56th,  1867,  entitled  "  An  act  to  enable  Western  Rail  Road  Com- 
pany to  extend  its  road  across  the  North-Carolina  Rail  Road 
to  the  Virginia  line  near  Mt.  Airy  in  the  County  of  Surry." 

By  Act  of  December  20th,  1866,  entitled  "  An  Act  to  enable 
the  Western  Rail  Road  Company  to  complete  its  road  from 
the  Coal  Fields  in  Chatham  County  to  some  point  on  the 
North-Carolina  Rail  Road,"  the  State  relinquished  to  said 
Western  Rail  Road  Company  the  bonds  and  mortgage,  held 
on  said  Company,  amounting  to  $600,000,  in  exchange  for  the 
same  amount  of  stock  oi  that  Company.  It  is  claimed  that 
this  act  likewise  extinguishes  the  liability  of  the  Company  to 
the  State  by  reason  of  the  coupons  amounting  to  $225,000  on 
said  $600,000  of  bonds,  prior  to  the  exchange  authorized,  but, 
I  have  not  yielded  to  this  claim. 

The  interest  due  by  the  Wilmington,  Charlotte  and  Ruth- 
erford Rail  Road  Company  on  the  first  of  October,  1867, 
amounted  to  $187,500,  that  Company  having  regularly  paid 
the  interest  due  the  State  for  many  years. 

This  claim  for  interest  as  well  as  for  the  $1,000,000,  bonds 
of  this  Company,  transferred  to  the  Western  Rail  Road  Com- 
pany, is  secured  by  the  second  mortgage  on  the  property  of  the 
Company,  by  act  of  December  20th,  1866,  entitled  "  An  act 
to  enable  the  Wilmington,  Charlotte  and  Rutherford  Rail 
Road  Compaay,  to  complete  its  Road,  pay  its  debt  to  the 
State,  and  extend  its  road  to  the  Tennessee  line,"  the  Company 
being  authorized  to  issue  first,  mortgage  bonds  to  the  amount 
of  $4,000,000. 

The  contingent  liabilities  of  the  State  for  Rail  Roads  are  so 
far  as  I  can  learn  as  follows : 

1ST,   THE   WESTERN   NORTH-CAROLINA   SAIL   ROAD    COMPANY. 

The  charter  of  the  Western  North-Carolina  Rail  Road  Com- 
pany, granted  at  the  session  of  1854  and  1855,  has  been 
amended  at  various  times.  The  last  amendments  are,  the 
**  Act  to  enhance  the  value  of  the  bonds  to  be  issued  for  the 


88  CONTENTION  JOURNAL.  [Session: 

completion  of  the  Western  North-Carolina  Rail  Road  and  for 
other  purposes,"  ratified  December  19th,  1866,  and  the  "Act 
to  authorize  the  President  and  Directors  of  the  Western 
North-Carolina  Rail  Road  Company  to  put  said  road  under 
contract,  ratified  February  27th,  1867.*'  By  these  Acts  when- 
ever the  estimated  cost  of  any  portions  or  sections,  such  por- 
tions or  sections  to  embrace  at  least  $50,000  worth  of  work 
at  the  estimated  cost  has  been  subscribed  by  solvent  individ- 
uals, &c,  the  Treasurer  of  the  State  is  authorized  and  directed 
to  issue  bonds  of  the  State  for  the  remaining  two-thirds,  as 
provided  in  the  former  of  the  above  mentioned  acts.  Upon 
the  certificate  of  the  President  of  said  road  to  the  Board  of 
Internal  Improvements,  that  the  stock  has  been  subscribed 
as  above  required,  by  the  preamble  of  said  act  of  December, 
19th,  1856,  it  is  recited  that  the  faith  of  the  State  is  pledged 
for  $4,000,000,  in  bonds  of  the  State.  Of  these  $2,268,000, 
have  been  issued,  leaving  a  contingent  liability  of  $1,732,000. 

9.  By  Act  of  1860  and  61,  chap.  121,  ratified  February  26th 
1861,  the- State  agreed  to  give  $200,000,  State  six  per  cent 
bonds,  in  exchange  for  a  like  amotmt  of  seven  per  cent  first 
mortgage  bonds  of  the  Albemarle  and  Chesapeake  Canal 
Company.  This  exchange  has  not  been  called  for  by  the 
Company. 

3.  By  section  1  of  an  Act  to  enable  the  Western  Rail  Road 
Company  to  extend  their  road  from  the  Coal  Fields  to  the 
North- Carolina  Rail  Road,  ratified  February  16th,  1866,, 
$10,000  for  every  ten  miles  graded  and  ready  for  superstruc- 
ture, are  granted,  on  condition  that  the  iron,  rails,  chains  and 
spikes  shall  have  been  purchased,  and  moreover  that  the  rails 
shall  be  the  product  and  manufacture  of  North-Carolina. 
This  appropriation  is  not  to  exceed  $500,000,  and  is  for  the 
Western  Division  of  the  road,  that  is  for  the  Division  between 
Deep  River  and  the  North-Carolina  Rail  Road,  and  the  loan 
by  the  State  is  to  be  secured  by  lien  on  the  said  Western  Di- 
vision. 

By  an  ordinance  of  the  Convention  of  1861,  entitled  "An 
ordinance  to  enable  the  Western  Rail  Road  Company  to- 
complete  their  road,"  ratified  10th  May,  1862,  the  above  re- 


18-68.}  CONTENTION  JOURNAL.  80 

strictions  in  regard  to  rails,  chains,  and  spikes  are  repealed, 
and  the  lien  is  to  extend  over  both  divisions  of  the  road  and 
all  other  property  of  the  Company. 

By  an  ordinance  of  the  Convention  of  1865,  entitled  "  An 
ordinance  declaring  what  laws  and  ordinances  are  in  force 
and  for  other  purposes,"  ratified  18th  October,  1865,  all  laws 
and  ordinances  passed  since  May  20th,  1861,  compatible  with 
the  allegiance  of  the  citizens  of  this  State  to  the  Government 
of  the  United  States,  and  not  since  repealed  or  modified,  and 
which  are  consistent  with,  the  Constitutions  of  the  State  and 
the  United  States,  are  declared  to  be  in  full  force. 

Of  course  I  no  not  pretend  to.  say  whether  the  aforesaid 
ordinance  of  May  10th,  1862,  is  in  force  or  not  by  virtue  of 
the  ordinance  of  October  18th,  1865.  I  can  only  say  that  it 
has  not  been  "repealed  or  modified." 

THE  CHATHAM  BAIL  KOAD  COMPANY. 

4.  On  the  5th  day  of  February,  1863,  an  act  was  passed  to 
amend  the  charter  of  the  Chatham  Rail  Road  Company,  by 
which  the  State  was  to  subscribe  to>the  stock  of  said  Company 
$10,000  for  each  mile  graded,  not  to  exceed  $250,000.  No* 
part  of  this  subscription!  has  been  called  for  or  paid. 

The  question  whether  the  Act  has  been  ratified  by  the 
above  recited  ordinance-  of  October  l&th,  18S5,  has  not  yet 
been  acted  on. 

I  am  not  aware  that  the  State  is  under  any  further  contin- 
gent liability  to  Rail  Road  or  other  corporations.  The  obli- 
gation to  advance  money  to  the  Wilmington,  Charlotte  and 
Rutherford  Rail  Road  Company  has  been  repealed  by  the 
aforesaid  act  of  1866  and  67,  chap.  108,  entitled  "An  act  to 
enable  the  Wilmington,  Charlotte  and  Rutherford  Rail  Road 
Company  to  complete  its  road,  pay  its  debt  to  the  State  and 
extend  its  road  to  the  Tennessee  line." 

The  State  has  not  since  the  close  of  the  war  received  any 
interest  or  dividends  from  stocks  or  bonds  owned  by  her,  nor 
have  I  been  notified  that  any  such,  payment  is  shortly  con- 
templated. 


90  CONTENTION  JOURNAL.  [Session 

The  following  stocks  in  corporations  are  owned  by  the  Lit- 
erary Fund : 

Bank  of  North-Carolina,  $502,700 

Bank  of  Cape  Fear,  544,400 

Wilmington  and  Wei  don  Rail  Road  Company,    400,000 
Wilmington  and  Manchester  Rail  Road  "  200,000 

Cape  Fear  Navigation  Company,  32,500 


Total,  •  $1,679,600 

None  of  these  corporations  have  paid  any  dividends  since 
the  war. 

I  have  the  honor  to  he, 

Very  respectfully, 

KEMP  P.  BATTLE, 
Public  Treasurer. 


TABLE, 

Showing  the  different  Classes  of  Beads  issued  by  the  State  of  North-Carolina,  authority  under  which  issued.  Date  of  Bonds,  when  due,   &c,  at  date  of  October  1st,   1867. 


it  uii.li  penrore. 


date  or  noxte. 


Tii  ]"iy  -Ii'IjIi.  uf  llie  Stale  to  liaiikr,  Ac- 
Kifcllcvillo  nnj  Western  Plank  Road, 


GeStOD  &  Wdd.ni  IL.il   Itonu",  ami   Nci 


Kurtli-Carulinn  Kail  Hum], 


Fnycltevillc  and  Centre  Plank  Bond, 


rilloes  Warsaw  Plank  Road, 


lor  Rivor, 
Iluniio  Asylum, 


.\ti„t.nv.\.  \„:-t:,  <';,r.,i;ll(,  l&iilRv..?. 


V.  .     nl  1  -  i --';>,  vte[:  37, 


A.     of  I1!11  ■i'rrli^..  R  ;Cr. 


ActLif  IS4S-'Vll»pJ82,f 


Act  of  1854,  eluip.SB, 
Act  of  lB6*,d>ap.  188,8 


!Art  of  1854,  cJmp.  2Q1,  ret 

D„. 
Act  of  I851-'i,chap)8B,  8 

lActof  ISM,  chap,  I!. 


Act  of  l8A4,tIiap.  ■. 

Act  of  I-'.".';,  (imp. ; 


July  " 

Jamtarv 
fitly 
.[auuai-v 
July 

.IllTilliirr 

April  ' 

April 

July 
April 

.liillilill'Y 

(>,  l.,i.,  I 

.Inly 


»i« 


1850,1 
1851, 

1852, 

1.  lS34,ViiIy 
1,  IS55,  Jon  Miry 

1,  1855.  j  July 

I.  1*5::,  January 
1.  ]-:.:;.  Jnly 

1,  1854,  [January 
1,  ISWjJJnly 
],  1855,  January 
1,  1S55,  April 

I,  1855,  April 

1.  IS.iG.Jnlv 
I,  1357,1  April 

1.  1858,  January 

I,  ISaSjOctober 
I,  I85S,{July 


i.  1--  :. 

1,  ISM. 
1,  ISM, 


1,  I  $7.-1, 

1.  is;<:. 

1,1S!" 


July  I,  is:,.*..  July 

January      1,  1857.  January 

[miliary      1,  lsriu.  January 


liisimirr 

April 

.liihiiiiry 

■  Irti ri 

July      ' 


1,  ls:,li. 

1,1*:.T. 
1,1888, 

i,is:.s. 

I.  1*50, 


January     '.  IS-"'15. 


.|aml:;rv 

J  ii  nnary 
Ntiiiiiirv 

July 


I.  1857,!  January 
I.  lS57,Juty 
1,  18S7.  October 


4U7.i'(Mi 

4Sl,IHI(i 
4,"i!I.IHHI 
1  IS.IMJO 

::IT. 

m:;,(ii«i 

20, i 

9,(i(li) 

2. 

4,000 


Restored  (Di 


lf.di"  i 

1. 

31,1 

10,00(1 


;.lo,nin> 

-::),:.( ii 
:;  74,i  hi, 


Uupc  [•VwA  h-.T  K. 


Dm. 


1  prior  to  May 


'-Mil.  1801, 

In  favor  or  Cnthciint  Kendall. 

IttgMtcri-fl  CertiilciHe-  of  Literary  r'iin.1. 


nl  lSIWjijliia  1-19, 

Acl  ,,r  |st;:,.,iN,|..:i. 
'-  of  1307,  Ail-.  60, 


D... 

Do. 

Acl  of  1858,  (Lap   143,  «c  -■■. 
Act  1834,  diftp.5, 
Act  ■■!   1858,  cluip.  US, 

Ant  of  Sturdi  10,  ISOO, 

Resolution  Of  iiureh  In.    l-'.i: 

Act  of  i-'!7,  i 


i,  1853,U 
1,  is:,\j 
l,  IS5S,'( 


April  1, 185!),  April 

January     1, 18C0,[Jaiiuarr 

October       1,  1S0O,  October 

October      1, 185cJoetol)er 
Jul,-  1,  1837.  July 

[jaminry      1.  I85«.'J,inuarv 
April 
July 
l  rctobcr 
.(;iiiii:ii'v, 
April   ■ 
July 

<M„l,cr 

April 
July 

Oclol.Cl 

July 

ti,-i...l,.r 

July 

.liiiiiiLirv 

July    " 

(letober 

pi 

.human' 
Jul -y 

April 
July 

October 

J?0 

(Molicr 

Inly 


1.  ISCOjJsnriory 
1,  l8(10.|July 
i.  ISliO, Outober 
I,  ISC t,< April 
1,  ISGlJAnril 
1.  ISCii.'July 
I,  Im'.T,  Juh 


April 
July 

O.-tulier 
January 

July 

Oi-tnliei- 


i-.--;i. 


1, 185 

].   1 -v.!', 
1,  ISCil, 

i,  i.iM, 

1.  1850, 
1.  IB5!l, 


1,1  SOU. 
f,  ISilO, 
I,  1WK1, 
i,  1S!H. 
1.1 «!»!. 
1,  ISM. 
1,  1S02, 


1.  1-WI, 

I.  1880, 

1.  ISiin, 


1,  1300,  January     1, 187", 
1,  1800,  July  1, 1800,1 


]!»!!.! 'Ill  I 
0:..I1IHI 

li.n.iiiiii 


511,00(1 

90,500 

39, i 

77,iiOO 

50, 

97.0OH 

148, 

93, 

(13,000 
05,000 
50,000 
50,000 

T50, 


Coupons  (Priii,  and  Int.  payable 
u24,Ot>n       Coii]Htu;-l'rlii.  ami  Int.  payable 


198. 

103,000 

:'v-,. 

I1".. 

50,000 

■*::•«. 

2:1, 


,  IB55,Unly 

1, 1S05 

,i«5i;'jui, 

,  1655,  July 

1,  1883, 

SOi!,'  January 

503.  January 


t  oJt-f.uiJiiiH  due 


1.07s.Oiui 
93,000 

71.5 

2.2  .o.r.i.H 
1,000 
320,0' 


WHAT   CLASS. 


Six  per  cent.     Tiio  Imok;  i!o  not  show  Jat 
iiiuturity,  tliough  known  to  be  dim. 


and  Int.  payable  in  New  York,) 


Coupons  (Priii.  and  Int.  payable  in  New  Yurk,] 


Mia  (Prin.  and  Int.  payable  in  New- York,) 

.Coupons  (Prtu.  and  Int.  payable  in  New- York,) 
'Coupons  l  Priii.  and  Int.  payable  in  New- York,) 


Coupon*  (Priii.  and  Int.  payablo  ii 


percent. 


i  New- York,) 
i  Woiv-YOrfc,) 


Six  pur  cr 


ind  Int.  payable  in  New-York.) 


i  '.■iipi.ii 
Coupon 

L',!iij...|is 
Pnynliti 


i.  and  Int.  payablo  in  Neu-York-.i 


Prin.  and  Int.  payable  in  Now- York,)  Six  pur  ci 
Prin.  nnd  Int.  payable  in  Sew- York,)  Six  pere 


(Prin.  and  Int.  payable  ii 
Prin.  and  Int.  payable  ii 
[Prin.  and  Int.  payable  it 
Treasury, 


a-- York.)  Hi 

iv-YorkJSi 


Bonds  issued  for  Internal  Improvements  puriioses  since  May  20th,  1861,  and  prior 


Weitom  ICoalfluld)  Itallrond, 

W,~l,ii,   S't,riti-t';,r..liiiii  Kailniad. 

Wilmington,  Obnr.  i  Riilliorfora  K.  It.. 

I'liiilliaiii  Railroad, 


Act  of  lSOO-Jl,  olilujtor  1".;.  ici  tiun  ' 
Ail  ,.f  ISOO-'l,  chapter  22^,  section  : 
Ait  of  lson-'Lilinplvr  li'. 
Ordiuanco  of  Convent  ion,  Pnragmph 


l.(i 


Oetolirr  1,  lBOVOctober  1,1391 

lOctobor  1,1801.  October  1,1801, 

.Inlv  1.  l^iiJ.Julv  1.  | sli^. 

IJoniniry  1.  1803,  January  1,  1888, 

Ijuiusry  1,  liU3,Jaiiiiiirv  1,  1SS^, 


lated  due  and  unpaid, 


20(1, (' 

220,000, 
493,000 


to  the  year  1866. 


^l.,,i).H,|U„d  willi  I!.  A-G.  IE.  R.  (Jo.  f20D,0'J 


S  T  O  C  Iv  S  . 

8,000, ilii-  amonnt  81,000.000  is  preferred  stock,  £500,000  of 

].iiii;„'iMH.if  tlii-  aiiionni  s-.  ■!.,■  i.i    were  enlweribed  lor  October  lit 
2508,000 

850, 

60,000 
1,000,1 81,000,000  of  tltu aubacribotl  for  under  Act  1S60  and  8i, 


!-,;:}4,Di'i' 


rityof  nokigii. 

i:.i!,i-)i  ,V  li.i-l.':,  lLiil  II 1  Companv, 

W  iliiiii,..|..!i,  CIi-iiImiu-  A  K,nlu'ri..r.l  Knii  l;,M,|  ,■ 

nn  1).,         "'fany. 


Total  llonib,  Inter 


K^iouer  1, 
Aprf]  ' 
July 


1«H3.  January 

i-il.i.  .li.iin.irv 

lSeOJOctobcr 
1801,  April 
ISOS/July 

I    . 


1, 1833, 
I,  I-'"'.* 
1, 1801, 

1.  1^% 


1,1V  HI.  ■-.:'«  I 

187,500 
-i:.,iH». 

1,440,50.1 

p,:.^-i. :.'.«. 


By  Act  ratified  DtcenAu  20tb,  1906,  tb«c  Bonde  wore  made  eccood  Mortgasc  Bonds, 


I     II 


1868.]  CONVENTION  JOURNAL.  91 

Mr.  Rich  called  for  a  suspension  of  the  rules,  to  call  up  his 
resolution  offered  Wednesday,  which  was  agreed  to. 

Whereupon  the  following  resolution  was  brought  before  the 
House  and  adopted  : 

Resolved,  That  the  Sheriffs  of  the  several  counties  of  this 
State  be  directed  to  inform  this  Convention,  at  the  earliest 
practicable  moment,  of  the  number  of  executions  now  in  their 
hands,  and  the  total  amount  of  money  therein  ordered  to  be 
collected. 

UNFINISHED   BUSINESS. 

The  following  preamble  and  resolution  of  Mr.  Hood,  was 
taken  up  and  put  upon  its  passage : 

Whereas,  The  14th  Article  of  the  Constitution  of  the 
United  States,  which  disfranchises  a  certain  class  of  citizens 
for  participation  in  the  late  rebellion,  also  provides  that  Con- 
gress may,  by  a  two-thirds  vote  of  each  House  remove  such 
disability,  and  whereas,  there  are  many  whose  sentiments  are 
in  hearty  accord  with  the  Reconstruction  measures,  who  are 
injuriously  effected  by  said  disfranchisement ;  Therefore 

Resolved,  That  a  Committee  of  five  be  appointed  by  the 
Chair,  whose  duty  it  shall  be  to  gather  such  information  as 
will  enable  them  at  an  early  day,  to  report  to  this  Convention 
a  list  of  such  persons  as  may  be  presented  to  Congress  to  be 
relieved. 

On  motion  of  Mr.  Pool  amended  so  as  to  read,  the  Com- 
mittee to  consist  of  eight,  one  from  each  Judicial  District. 

The  yeas  and  nays  were  demanded. 

The  resolution  as  amended,  was  adopted  by  the  following 
vote,  yeas  90,  nays  16  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bradley,  Bryan,  Carter,  Candler,  Chillson,  Col- 
grove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garland, 
Garrett,  George,  Glover,  Graham  of  Montgomery,  Grant  of 


92  CONVENTION  JOURNAL.  [Session 

Waye,  Gully,  Gunter,  Harris  of  Wake,  Harris  of  Franklin, 
Hay,  Hayes  of  Kobeson,  Hayes  of  Halifax,  Heaton,  High- 
smitli,  Hobbs,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Logan, 
Mann,  May,  Mayo,  McDonald  of  Chatham,  McDonald  of 
Moore,  Moore,  Morton,  Mullican,  Mivrphy,  Nance,  Newsom, 
Patrick,  Parks,  Potree,  Peterson,  Pierson,  Pool,  Eagland, 
Pay,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith, 
Stilly,  Sweet,  Taylor,  Teague,  Trogden,  Tucker,  Turner, 
Watts,  Welker,  Williams  of  Wake  and  Williamson — 96. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Ellis,  Etheridge,  Graham  of  Orange, 
Grant  of  Northampton,  Hall,  Hare,  Hodnett,  Holt,  Lennon, 
McCubbins,  Merritt,  Nicholson,  Parker,  Read,  and  Tour- 
gee — 16. 

The  report  of  the  Committee  on  Relief  was  taken  up,  and, 

On  motion,  was  postponed  until  Saturday. 

On  motion  of  Mr.  Abbott,  the  House  resolved  itself  into  a 
Committee  of  the  Whole,  and, 

On  motion,  it  was  also  agreed  that  the  Plouse  on  each  day 
at  12  o'clock,  resolve  itself  into  a  Committee  of  the  Whole. 

Mr.  Jones,  of  Washington,  took  the  Chair. 

At  3  o'clock  the  Committee  arose  and  reported  progress. 

Mr.  Jones,  Chairman,  reported  the  adoption  of  the  3d  sec- 
tion of  the  report  of  the  Committee  on  a  Governor  and  other 
necessary  State  Executive  Officers,  also  the  adoption  of  section 
4th,  with  the  following  amendments,  viz :  Striking  out  after 
the  word  "  affirmation,"  "  that  to  the  best  of  his  knowledge 
and  belief,  he  is  eligible  under  the  Constitution  and  laws  of 
this  State,  to  the  office  to  which  he  has-been  elected,"  and  in- 
serting, "  that  he  will  support  the  Constitution  of  the  United 
States  and  of  the  State  of  North-Carolina  ;"  also  striking  out 
after  the  word  "  Governor"  the  eighth  line,  the  words,  "  of  the 
State  of  North-Carolina,"  and  inserting,  "to  which  he  has 
been  elected." 

Section  5th  was  also  adopted. 

Section  6th  was  adopted  with  the  following  amendments, 
viz:  by   striking  out  the  words,  "treason  and"  in  the  3d 


1868.]  CONVENTION  JOURNAL.  93 

line  and  inserting  the  word  "  in  ;"  also  striking  out  all  after 
the  word  "  pardon,"  in  the  7th  line  to  the  word  "  reprieve," 
inclusive,  in  the  12th  line;  also  by  striking  out  the  word 
"biennially,"  and  inserting  "annually." 

Section  7th  was  adopted  as  read. 

Section  8th    "         "  " 

Section  9th    "        "  " 

Section  10th  "         " 

Section  11th "        "  " 

Section  12th "        "  " 

Section  13th  "         "  " 

Section  14th "         "  " 

Section  15th  "         "  " 

Section  16th  "        "  " 

Section  17th  was  stricken  out. 

Section  18th  was  adopted  with  the  following  amendments, 
viz  :  by  striking  out  in  the  first  line  the  word  "may,"  and 
inserting  "  shall,"  and  line  22d  to  read  "  a  Bureau  of  Statistics, 
of  Agriculture  and  of  Immigration." 

The  following  substitute  was  adopted  for  section  2d,  as 
adopted  Tuesday: 

Sec.  2.  No  person  shall  be  eligible  as  Governor,  or 
Lieutenant  Governor,  unless  he  shall  have  attained  the  age 
of  thirty  years,  shall  have  been  a  citizen  of  the  United  States 
for  five  years,  and  shall  have  been  a  resident  of  this  State  for 
two  years  next  before  the  day  of  election,  nor  shall  the  per- 
son elected  to  either  of  these  new  offices  be  eligible  to  the 
same  office  more  than  four  years  in  any  term  of  six  years,  un- 
less the  office  shall  have  been  cast  upon  him  as  Lieutenant 
Governor,  or  President  of  the  Senate. 

Section  2d,  as  was  reported,  amended  and  adopted  Tuesday, 
was  again  amended  and  adopted  by  striking  out  the  word 
"  ratification  "  and  inserting  the  word  "  approval;"  also  strik- 
ing out  the  words  "  thirty  days,"  and  inserting  instead  "  ten 
days." 

The  committee  also  reported  the  following  action  on  the 
report  of  the  Committee  on  Millitia,  viz  : 

The  adoption  of  section   1st,  with  the  following  amend- 


94 


CONTENTION  JOUKNAL.  [Session 


ments  in  the  4th  line,  striking  out  the  word  "  such  "  and  in- 
serting "  provided  that  all;  "  in  the  6th  line  by  sriking  out 
the  word  "  exempted,"  and  insert  the  word  "exempt,"  and 
by  striking  out  the  balance  of  the  section  after  the  word 
therefrom  ;  also  striking  out  the  word  "  military  "  in  the  4th 
line. 

Section  2d  was  adopted  as  read. 

The  committee  asked  and  obtained  leave  to  sit  again. 

The  President  in  pursuance  of  the  report  of  the  Committee 
of  Sixteen  appointed  the  following  committees  : 
/  Committee  on  Immigration  and  Resources  and  Statistics 
of  the  State. — Messrs.  Rich,  Gahagan,  Hood,  Ellis  and  Ash- 
ley. 
/  A  Standing  Committee  on  Miscellaneous  Affairs. — Messrs. 
Laflin,  Baker,  Eppes,  Aydlott  and  May. 

On  motion  the  House  adjourned. 


FRIDAY,  January  31st,  1868. 

The  Convention  was  called  to  order  at  11  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Warwick. 

A  quorum  was  announced  by  the  President. 

Mr.  Parker  was  allowed  to  change  his  vote  of  yesterdaj"  on 
Mr.  Hood's  resolution  as  amended  by  Mr.  Pool,  from  nay  to 
yea. 

Mr.  Bryan  presented  a  memorial  in  reference  to  disabilities 
and  their  removal. 

Referred  to  the  Committee  on  Miscellaneous  Affairs. 

Mr  Tourgee,  Chairman,  of  the  Committee  on  Counties, 
Towns,  &c,  reported  as  follows  : 

The  Committee  on  Counties,  Towns,  &c,  have  instructed 
me  to  report,  that  they  have  carfully  considered  the  accom- 
panying resolutions  introduced  by  the  delegate  from  Halifax, 
Mr.  Eppes,  and  have  concluded  that  the  subject  matter  there- 
of, does  not  properly  come  within  their  power  and  they 
would  respectfully  ask  to  be  discharged  from  its  further  con- 


1868.]  CONTENTION  JOURNAL.  95 

sideration,  and  suggest  that  it  be  referred  ta  the  Committee 
on  Suffrage. 

A.  W.  TOURGEE,  Chairman. 

<- 

The  report  was  accepted, 

Mr.  Rich  presented  a  resolution  relative  to  "  the  control  of 
the  veto  power  upon  the  Governor." 

Lies  over  under  the  rules. 

Mr.  Tourgee  introduced  the  following  resolution. 

Resolved,  That  the  committee  provided  for,  by  the  resolu- 
tion of  the  delegate  from  Cumberland,  to  consider  the  pre- 
paration of  a  list  of  persons  who  should  be  recommended  to 
Congress  for  the  relief  of  disabilities  imposed  by  the  propos- 
ed amendment  to  the  Constitution  of  the  United  States, 
known  as  Article  XI Y,  be  also  instructed  to  consider  the 
propriety  of  petitioning  Congress  for  the  relief  of  such  per- 
sons as  were,  during  the  war,  in  hearty  accord  with  the  Govern- 
ment of  the  United  States,  though  the  same  *be  not  now  in 
favor  of  the  Reconstruction  measures  of  Congress. 

On  motion,  the  rules  were  suspended. 

Mr.  Durham  offered  the  following  amendment : 

Strike  out  all  after  the  word  "  instructed,"  and  insert  the 
following : 

"  To  ascertain  and  report  the  names  of  all  citizens  of  the 
State,  who  are  disfranchised  by  the  Reconstruction  Acts  of 
Congress,  that  this  Convention  may  recommend  the  same  to 
Congress  for  a  removal  of  political  disabilities." 

The  hour  of  twelve  having  arrived,  the  house  resolved  it- 
self into  a  Committee  of  the  Whole. 

Mr.  Sweet  in  the  Chair. 

The  following  report  of  the  Committee  on  Militia  was  con- 
sidered : 

REPORT  OF  COMMITTEE  ON  MILITIA. 

The  Committee  appointed  on  Militia  met  pursuant  to  in- 
struction, and  respectfully  submit  the  following  : 


96  CONVENTION  JOURNAL.  [Session 

Section  1.  All  able  "bodied  male  citizens  of  the  State  of 
North-Carolina,  between  the  ages  of  twenty-one  and  forty 
years,  who  are  citizens  of  the  United  States,  shall  be  liable  to 
military  duty  in  the  militia.  Such  persons  who  may  be  ad- 
verse to  bearing  arms,  from  religious  scruples,  may  be  ex» 
empted  therefrom  upon  such  conditions  as  shall  be  prescribed 
by  law. 

Sec.  2.  The  General  Assembly  shall  provide  for  the  organ* 
izing,  arming,  equipping  and  discipline  of  the  militia,  and  tor 
paying  the  same  when  called  into  active  service. 

Sec  3.  All  officers  shall  be  elected  by  their  respective  com- 
mands, and  commissioned  by  the  Governor,  with  the  consent 
of  the  General  Assembly ;  the  commissions  of  such  officers  to 
expire  with  the  Governor's  term  of  service, 

Sec.  4.  The  Governor  shall  be  Commander-in-Chief,  and 
have  power  to  call  out  the  militia  to  execute  the  law,  suppress 
riots  or  insurrections. 

Sec  5.  The  Governor  shall  have  power  to  appoint  and 
commission  an  Adjutant-General  and  such  staff  officers  as  he 
may  deem  necessary  for  the  public  good. 

Sec  6.  The  officers  and  men  organized  as  militia  shall 
not  receive  any  pay  or  emolument  except  when  in  active  ser* 
vice. 

Sec  7.  The  General  Assembly  shall  have  power  to  make 
such  exemptions  as  may  be  deemed  necessary,  and  to  enact 
laws  that  may  be  expedient  for  the  government  of  the  same. 

J.  Q^  A.  "BRYAN,  Chairman. 
BYRON  LAFLIN, 
J.  W.  RAGLAND, 
J.  J.  HAYES, 
H.  L.  GRANT, 

D.  D.  COLGEOVE, 
WM.  STILLY, 
SAMUEL  H.  HIGHSMITH, 
G.  A.   GRAHAM, 

E.  LEGG. 

At  2  o'clock  the  committee  arose,  and  Mr.  Sweet,  Chair- 


1868.]  CONVENTION  JOURNAL.  97 

man,  reported  that  the  Committee  of  the  Whole  had  the  re- 
port of  the  Committee  on  Militia  under  consideration  and 
report  progress : 

Reported  section  3  stricken  out. 

Section  4  adopted. 

Section  5  stricken  out, 

Section  6  stricken  out. 

Section  7  adopted  as  amended,  vk  :  by  striking  out  the 
Word  "  same  "  and  inserting  "  militia." 

On  motion  of  Mr.  Heaton,  it  was  ordered  that  the  report  of 
the  Committee  on  a  Governor  and  other  necessary  State  ex- 
ecutive officers  as  amended  by  the  Committee  of  the  Whole 
be  engrossed  for  final  reading  and  passage, 

On  motion  of  Mr.  Heaton,  the  report  of  the  Committee  on 
Militia,  as  amended  by  the  Committee  of  the  Whole,  be  en- 
grossed for  final  reading  and  passage. 

Fabius  Haywood  Busbee,  Reporter  for  the  If ortk- Caroli- 
nian, was  expelled  from  the  Convention  by  the  President,  by 
authority  of  a  resolution  passed  January  16th,  he  having  pur- 
posely and  avowedly  insulted  the  Convention  by  presenting 
at  the  desk  of  the  President,  a  paper  purporting  to  be  a  re- 
port of  the  current  proceedings  abounding  in  flouts,  sneers 
and  insults. 

The  resolution  of  Mr.  Tourgee  was  taken  up  ;  also  the 
amendment  proposed  by  Mr.  Durham. 

Mr.  Mann  moved  to  lay  the  resolution  on  the  table. 

Mr.  McDonald,  of  Chatham,  demanded  the  yeas  and  nays. 
Granted. 

The  resolution  and  amendment  were  laid  on  the  table  by 
the  following  vote  : 

Those  who  voted  in  the  affirmative  are : 

Messrs..  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
"bow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Chillson,  Col- 
grove,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Ethe- 
riclge,  Fisher,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garland, 
Garrett,  George,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Harris  of  Wake,  Har- 
7 


98  CONTENTION  JOURNAL.  [Session 

ris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hyman,  Ing,  Jones  of  Caldwell, 
King  of  Lincoln,  Kinney,  Lee,  Logan,  Long,  Mann,  May, 
Mayo,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Nicholson, 
Patrick,  Parker,  Parks,  Petree,  Pool,  Ragland,  Ray,  Ren- 
frew, Rhodes,  Robbins,  Rose,  Smith,  Stilwell,  Sweet,  Taylor, 
Teagne,  Tourgee,  Trogclen,  Tucker,  Turner,  Watts,  Welker, 
and  "Williams  of  Wake— 82. 

Those  who  voted  in  the  negative  are. 

Messrs.  Baker,  Bradley,  Cherry,  Daniel,^ Dowd,  Durham, 
Ellis,  Forkner,  Graham  of  Orange,  Gunter,  Hall,  Hare,  Hod- 
nett,  Hollowell,  Holt,  Jones  of  Washington,  Lanin,  Lennon, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham,  Mc- 
Donald, of  Moore,  Newsom,  Rich,  Rodman,  Sanderlin,  Stilly 
and  Williamson — 29. 

On  motion  the  report  of  the  Committee  on  a  Preamble 
and  Bill  of  Rights  was  made  a  special  order  for  Monday  at 
12  o'clock. 

On  motion  it  was  ordered  that  the  report  of  the  Commit- 
tee on  Internal  Improvements  be  made  a  special  order  for 
Saturday  at  12  o'clock. 

Mr.  Sweet  asked  and  obtained  leave  of  absence  for  Mr, 
Moore,  of  Granville,  for  two  days. 

Mr.  Colgrove  obtained  leave  of  absence  until  Monday. 

On  motion  the  House  adjourned. 


SATURDAY  February  1st,  1S68. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Brewer. 

The  Journal  of  Friday  was  read  and  approved. 

The  following  communication  was  received  from  General 
Canby,  giving  the  number  of  votes  in  the  State  for  and  against 
a  Convention ;  also  the  number  of  votes  received  for  each 
candidate  to  the  Convention  in  each  County. 

On  motion  it  was  ordered  that  200  copies  be  printed. 


1868.] 


CONTENTION  JOURNAL. 


99 


STATEMENT 

Of  votes*Acast  for  delegates  to  Convention  in  the  election  dis- 
tricts  of  North-Carolxna  at  the  election  held  on  the  \%ih  tend 
20th  days  of  November,  1867,  as  returned  by  the  superin- 
tendents of  election. 


Elect. 

County. 

Candidates. 

VOTES 

JJlST. 

POLLED 

1st. 

Burke, 

John  S.  Parks, 

1,38? 

and 

W.  A.  B.  Murphy, 

1,281 

McDowell. 

Woodville  W.  Fleming, 

441 

Robert  Y.  Keely, 

420 

Geo.  G.  McCoy, 

33 

Scattering, 
Total, 

11 

3,473 

2d. 

Polk, 

W.  H.  Logan, 

1,459 

and 

Jesse  Rhodes, 

1,385 

Rutherford. 

R.  A.  Shotwell, 

81 

Jas.  W.  Adams, 

18 

Scattering, 
Total, 

1 

2,944 

3d. 

Mitchell 

Julius  S.  Garland, 

652 

and 

Andrew  J.  Roberts, 

225 

Yancey. 

William  J.  Silver, 

35 

Scattering, 
Total, 

5 

917 

4th. 

Buncombe, 

Geo.  W.  Gahagan,    ^ 

2,307 

Madison, 

Thos.  J.  Candler, 

2,287 

Henderson  and 

Jas.  H.  Duckworth, 

2,304 

Transylvania. 

Sam'l.  B.  Guager, 

702 

0.  L.  Erwin, 

684 

Dr.  Jesse  "Wallen, 
Total, 

699 

8,983 

100 


CONTENTION  JOUKNAL. 


[Session 


Elect. 
Dist. 


5th. 


County. 


6th. 


7th. 


Jackson  and 
Haywood. 


Cherokee,  Clay 
and  Macon. 


Alleghany, 
Ashe,  Surry, 
Yadkin  and 
Watauga. 


Candidates. 


W.  B.  Garrett, 
Win.  P.  Welch, 

Total, 

Mark  May,    • 
Geo.  W.  Dickey, 
David  Malonee, 
John  M.  Galloway, 
John  B.  Simonds, 
Scattering, 

Total, 

Samuel  Forkner,  ' 
George  W.  Bradly, 
Evan  Benbow, 
Belson  Burham, 
John  G.  Marler, 
Edwiu  C.  Bartlett, 
James  C.  Gilmer, 
John  Jones, 
John  M.  Marshall, 
William  Burke, 
Wm.  M.  Calowav, 
James  G.  Marler, 
Marion  Marshall, 
Bilson  B.  Benham, 
Johiel  Smith, 
B.  B.  Benham, 
Scattering, 

Total, 


Totes 

POLLED 


663 
537 


1,200 


776 
623 
369 
379 
291 
27 


2,465 


1,928 

1,809 

1,974 

49 

1,030 

982 

843 

703 

1,123 

58 

455 

155 

110 

220 

48 

34 

36 

11,562 


1868.] 


CONTENTION  JOURNAL. 


101 


Elect. 
Dist. 

County. 

Candidates. 

Votes 
polled 

8th. 

Alexander, 

Calvin  J.  Cowles, 

3,120 

Caldwell,  Ire- 

John Q.  A.  Bryan, 

3,066 

dell  and  Wilkes. 

Wesley  H.  George,  ' 

3,098 

Jerry  Smith, 

3,042 

Calvin  C.  Jones, 

3,114 

Andrew  A.  Scroggs, 

1,568 

James  H.  Hill, 

1,502 

John  H.  McLaughlin, 

1,552 

Rev.  Wm.  Church, 

1,505 

Rev.  Stafford  C.  Miller, 

1,325 

Samuel  C.  Miller, 

224 

John  H.  Hill, 

33 

Scattering, 
Total, 

21 

23,170 

9th. 

Rowan  and 

William  M.  Robbins, 

1,470 

Davie. 

Jas.  S.  McCubbins, 

1,523 

Robert  F.  Johnston, 

1,493 

Dr.  Milton  Hobbs, 

1,524 

Allen  Rose, 

1,545 

• 

Isaac  M.  Shaver, 
Total, 

1,504 

• 

9,059 

10th. 

Cleveland. 

Edward  Elliott, 

630 

Plato  Durham, 
Total, 

653 

1,283 

nth. 

Catawba. 

James  Ransom  Ellis, 

638 

I.  B.  Killiam, 
Total, 

426 

1,064 

12th. 

Lincoln. 

Joseph  H.  King, 

573 

W.  A.  Graham,  Jr.. 
Total, 

386 

359 

102 


CONTENTION  JOURNAL. 


[Session 


Eeect. 
Dist. 

County. 

Candidates. 

1 

Votes 
polled 

13th. 

Gaston. 
Mecklenburg. 

Union. 

Cabarrus. 

Stanly. 
Anson. 

Milot  J.  Aydlott, 
Robert  Holland, 
Scattering  and  informal, 

Total, 

Silas  N.  Stillwell,  « 
Edward  Fullings, 
Thomas  Gluyas, 
John  Hunter, 
E.  Stillwell, 
Scattering, 

Total, 

Wm.  Newsom,  * 
Edmond  L.  Davis, 
Edmund  Davis, 
Scattering, 

Total, 

William  T.  Blume,    . 
John  Hileman, 

Informal, 

i 

Total, 

Levi  C.  Morton,  ' 
J.  M.  Redwine, 

Total, 
George  Tucker, 
Henry  Chillson, 
Townley  Redfearn, 
R.  T.  Bennett, 

Tn+nl 

735 
159 

20 

14th. 

914 

1,443 
1,503 

'920 

917 

67 

3 

15th. 
ICth. 

4,853 

875 

308 

41 

3 

1,227 

859 
463 

2 

17th. 

1,314 

417 

278 

18th 

695 

1,128 

1,111 

650 

656 

a  S4.fi 

1S6S.] 


CONTENTION  JOURNAL. 


103 


Elect. 
Dist. 

County. 

Candidates. 

YOTES 
POLLED 

19th. 

Stokes. 
Forsyth. 

Davidson. 

Randolph. 
Guilford. 

R.  F.  Petree,  ' 
R.  W.  Hill, 

Total, 

Elijah  B.  Teague, 
James  E.  Mathews, 
Scattering, 

Total, 

Isaac  Kinney, 
Spencer  Mullican, 
Thos.  P.  Allen, 
Samnel  Jones, 
P.  W.  C.  Johnston, 
Green  Lambeth, 
Scattering, 

Total, 

T.  L.  L.  Cox, 

R.  F.  Trogdon,     » 
"W.  S.  Tomlinson, 
Scattering, 

Total, 

G.  W.  Welker, 
A.  W.  Tonrgee, 
K.  Mendenliall, 
J.  Harris, 
Scattering, 

Total, 

526 

114 

20th. 

640 

892 
175 

7 

21st. 

1,074 

1,016 

976 

272 

204 

44 

63 

6 

224 

2,581 

1,272 

1,082 

363 

53 

23d. 

2,769 

1,347 
1,231 
1,188 
1,044 
14 

4,824 

104 


CONTENTION  JOURNAL. 


[Session 


Elect. 
Dist. 

County. 

Candidates. 

TOTES 
POLLED 

24th. 

Rockingham. 

Caswell. 

Alamance. 
Person. 
Orange. 

Henry  Barnes, 
John  French, 
Wm.  JS.  Hereford, 
George  W.  Griffin, 
Jones  W.  Burton, 
Scattering, 

Total, 

Wilson  Carey, 
P.  Hodnett, 
Thowas  J.  Brown, 
William  Long,. 
Samuel  Allen, 
Scattering, 

Total, 

Henry  M.  Pay, 
Rnfus  Y.  McAdea, 
Scattering, 

Total, 

William  JMerritt, 
Eobbert  P.  Martin, 
Scattering, 

Total, 

John  W.  Graham, 
Edwin  M.  Holt, 
Benj.  S.  Hedrick, 
Henry  Jones, 
Scattering, 

Total, 

75& 
741 

140 

308 
70 

12; 

25th. 

2,027 

1,448 

774 
485 
184 
189 
2£ 

26th. 

3,109 

789- 

642 

1 

27th. 

1,432 

7sa 

692 
8 

28th. 

1,488- 

1,438 
1,445 
1,120 
1,115 
33 

5,15! 

1868.] 


CONTENTION  JOURNAL. 


105 


Elect. 
Dist. 

County. 

Candidates. 

YOTES 

POLLED 

29th. 

Chatham. 

John  A.  McDonald, 

1,279 

William  T.  Gunter,  ' 

1,223 

George  P.  Moore, 

492 

Abraham  Rencher, 

579 

Kelly  Mitchell,    . 

271 

Clabourne  Justice, 

696 

John  A.  Hinks, 

73 

William  P.  Taylor, 

45 

Scattering, 
Total. 

15 

4,673 

SOth. 

Wake. 

James  H.  Harris,  ^ 

2,930 

Joshua  P.  Andrews, 

2,971 

Stokes  D.  Franklin, 

2,986 

B.  S.  D.  Williams, 

2,960 

Daniel  G.  Fowle, 

1,895 

Priestly  H.  Mangum, 

1,786. 

John  A.  McLean, 

1,787 

Bennett  T.  Blake, 

1,787 

Scattering, 
Total, 

4 

19,106 

31st. 

Granville. 

John  W.  Ragland, 

2,453 

James  J.  Moore, 

2,436 

Cuftey  Mayo,    v 

2,425 

Robert  W.  Lassiter, 

231 

Robert  A.  Jenkins, 

178 

Elijah  Winston, 

97 

John  Peed, 

229 

Hatchwell  Freeman, 

268 

Calvin  Betts, 

58 

Robert  B.  Gilliam, 

50 

J.  J.  Lansdell, 

58 

Scattering, 
Total, 

357 

8,84© 

106 


CONTENTION  JOURNAL. 


[Session 


Elect. 
Dist. 

County. 

Candidates. 

Votes 

POLLED 

32d. 

Warren. 

Franklin. 

Cumberland. 

Harnett. 

Moore. 

John  Hyman,    yf. 
John  Read, 
Peter  R.  Davis, 
Daniel  R.  Goodloe, 
Scattering, 

Total, 

James  Thomas  Harris, 
John  Edward  Thomas, 
William  R.  Davis, 
John  H.  Williamson,  V 

Scattering, 

Total, 

W.  A.  Mann, 
James  H.  Hood,    X 
Joseph  A.  McArthnr, 
Alfred  A.  McKetham, 
Scattering, 
Informal, 

Total, 

James  M.  Turner, 
Benj.  C.  Williams, 

Total, 

Swain  S.  McDonald, 
Charles  C.  Crimmon, 
John  Ritter, 
John  A.  Barrett, 
Adam  Barrett, 

TWol 

2,047 

1,919 

572 

54 

45 

33d. 

4,637 

1,246 
769 
811 

1,372 
1 

34th. 

4,199 

1,607 
1,581 

846 

842 

20 

50 

35th. 

4,946 

729 
308 

36th. 

1,037 

632 
141 

210 

60 

126 

1   1£<2 

1868.] 


CONTENTION  JOURNAL. 


107 


Elect. 
Dist. 

County. 

Candidates. 

YOTES 
POLLED 

37th. 

Montgomery. 
Richmond. 
Wayne. 

Johnston. 

Greene. 

Wilson. 

George  A.  Graham, 
Wilburn  Lassiter, 
Scattering  and  informal, 

Total, 

* 

Eichmond  T.  Long,  Sr., 
Peter  McEae, 

Scattering, 

Total, 

Hiram  L.  Grant, 
Jesse  Hollowell, 
H.  J.  Finlavson, 
E.  A.  Wright, 
Scattering, 

Total, 

Dr.  James  Hay, 
Nathan  Gnlley, 
Charles  E.  Preston, 
Lee  E.  Waddell, 
Scattering, 

Total, 

John  M.  Patrick, 
James  B.  Faircloth, 
Scattering, 

Total, 

Willie  Daniel, 
J.  W.  Davis, 
Joseph  E.  Tatton, 
Scattering, 

Total, 

479 

267 
6 

38th. 

752 

1,244 

189 

3 

39th. 

1,436 

1,301 

L,301 

834 

818 
2 

40th. 

4,256 

1,087 
1,079 

821 

830 

2 

41st. 

3,819 

739 
346 

2 

42d. 

1,087 

668 

574 

195 

4 

1,441 

108 


CONVENTION  JOURNAL. 


[Session. 


Elect. 

County. 

Candidates. 

Votes 

UlST. 

POLLED 

43cl. 

Nash. 

Jacob  Ing, 

708 

David  W.  "Williams, 
Total, 

455 

1,163 

44th. 

Halifax. 

John  W.  Eenfrow, 

2,546 

Henry  Eppes, 

2,571 

J.  J.  Hayes, 

2,538 

Arthur  McDaniel, 

737 

t 

¥m.  D.  Faucett, 

744 

Silvester  Wilson, 

704 

Scattering  and  informal, 
Total, 

35 

9,875 

45th. 

Northampton. 

Roswell  C.  Parker, 

1,476 

Henry  T.  Grant, 

1,470 

John  C.  Jacobs, 

602 

Thos.  W.  Mason, 

425 

Benj.  Franklin,    - 

186 

John  T.  Wheeler, 

96 

Scattering, 
Total, 

32 

4,287 

46th. 

Edgecombe. 

Joseph  H.  Baker, 

1,665 

Henry  A.  Dowd, 

1,663 

Henry  C.  Cherry, 

1,556 

Turner  W.  Battle, 

154 

Nathan  M.  Laurance, 

139 

Isaac  F.  Batts, 

148 

Richmond  Stattier, 

232 

D.  Battle, 

294 

Scattering, 
Total, 

114 

5,965 

47th. 

Lenoir. 

Richard  W.  King, 

1.101 

Henry  F.  Grangier, 

'363 

Scattering, 
Total, 

16 

1,480 

1868.] 


CONVENTION  JOURNAL. 


109 


Elect. 
Dist. 

County. 

Candidates. 

YoTES 
POLLED 

48th. 

Brunswick. 

Columbus. 
Robeson. 

Bladen. 
New  Hanover. 

Edwin  Legg, 
Walter  G.  Dusks, 
Westley  Hodge, 
Scattering. 

Total, 

Hayes  Lennon, 
M.  Powell, 
H.  Lennon, 
Scattering, 

Total, 

0.  S.  Hayes, 
Joshua  L.  Nance, 
W.  S.  Chaffin, 
John  Leach, 
Blank, 

Total, 

Abial  W.  Fisher, 
Frederick  F.  French, 
Bertram  Robeson, 
R.  Franklin  Lewis, 

Total, 

Gen.  Jos.  C.  Abbott, 
Samuel  S.  Ashley, 
Abraham  H.  Galloway  3 
Oscar  G.  Parsley, 
William  E.  Freeman, 
Solomon  S.  Satchwell, 
Scattering. 

Total, 

697 

382 

92 

1 

49th. 

1,172 

5S4 

46S 

24 

4 

50th. 

l,0SO 

1,568 
1,569 
1,050 
1,035 
1 

51st. 

5,223 

1,112 
1,112 

575 
575 

52d. 

j 

3,374 

2,926 
2,920 
2,913 
1,094 
J, 093 
1,085 
7 

12,038 

110 


CONVENTION  JOURNAL. 


[Session 


Elect. 
Dist. 


53d. 


54th. 


Duplin. 


Sampson. 


55th. 


56th. 


57th. 


Tyrrell  and 
Washington. 


Martin. 


Bertie. 


Candidates. 


John  Alexander  Bryan, 
James  Warren  Blount, 
John  W.  Peterson, 
Samuel  High  Smith, 
Scattering, 

Total, 

J.  D.  Pearsall, 
Alexander  Williams, 
Lorenzo  Dow  Hall, 
Sylvester  Carter, 
Randal  Hall, 
L.  D.  Hall, 
Lorenzo  D.  Hall, 
Ransom  Hall, 
Scattering  and  informal, 

Total, 

E.  W.  Jones, 
W.  W.  Walker, 

Scattering, 

Total, 

Samuel  W.  Watts, 
James  E.  Moore, 
Scattering, 

Total, 

Bryant  Lee, 
Parker  D.  Robbins, 
Scattering, 
Joseph  Beasley, 
Ned  Outlaw,  " 

Total, 


1868.] 


CONTENTION  JOURNAL. 


Ill 


Elect. 
Dist. 

County. 

Candidates. 

YOTES 
POLLED 

58th. 

Hertford. 
Gates. 
Chowan. 

Perquimans. 

Pasquotank  and 
Camden. 

Currituck. 

Jackson  Boon  Hall, 
Lemuel  H.  Boon, 
Charles  H.  Foster, 

Total, 

Thomas  L.  Homer,  » 
John  Brady, 
Scattering, 

Total, 

John  P.  French, 
Daniel  E.  Ethridge, 
Scattering, 

Total, 

Dr.  ¥m.  Nicholson,  * 
Scattering, 

Total, 

Mach.  A.  Taylor, 
Chas.  C.  Pool, 
Geo.  W.  Brooks, 
"VVm.  J.  Manisett, 

Total, 

Thomas  Sanderlin, 
Joseph  W.  Etheridge, 
Scattering, 

Total, 

515 

507 
174 

59th. 

1,196 

440 

342 

12 

60th. 

794 

632 

472 
1 

61st. 

1,105 

851 
2 

62d, 

853 

1,258 
1,273 

609 

547 

63d. 

3,6S7 

445 

412 

51 

908 

112 


CONVENTION  JOURNAL. 


[Session 


Elect. 
Dist. 

64th. 


65th. 


66th. 


67th. 


County. 


Craven, 


Onslow. 


Carteret. 


Jones, 


68th. 


Beaufort. 


69th. 


Pitt. 


Candidates. 


David  Heaton, 
Win.  H.  S.  Sweet, 
Clinton  ]).  Pierson,  > 
Frederick  Miller. 
John  McCotter, 
McAlister  Roughton, 
Scattering, 

Total, 

Franklin  Thompson, 
Jasper  Etheridge, 
David  W.  Scott, 

Total, 

Abraham  Congleton, 
L.  W.  Martin, 

Scattering, 

Total, 

David  D.  Colgrove, 
James  T.  Dillihunt, 

Total, 


Yotes 

POLLED 


3.221 
3,217 

3,191 

520 
517 

481 
89 


11,236 

224 
326 

188 


738 

S09 

650 

2 


Wm.  B.  Rodman, 

853 

fin.  Stilley, 

845 

Jas.  B.  Stickney, 

630 

John  C.  Gorham, 

634 

Scattering, 

21 

Total, 

2,983 

Byron  Laflin, 

1,429 

Davis  J.  Rich, 

1,428 

Lomis  Hilliard, 

1,044 

Wm.  M.  B.  Brown, 

1,034 

Total, 


1,461 

530 
305 


S35 


4,935 


1868.] 


CONVENTION  JOURNAL. 


113 


Elect. 
Dist. 

County. 

Candidates. 

Votes 
polled 

70th. 

Hyde, 

Andrew  J.  Glover, 
Banister  Midgett, 
Scattering, 

Total, 

563 

429 
9 

i 

1,001 

BUREAU  OF  CIVIL  AEFAtRS. 

Citadel,  Charleston,  S.  C,  January  28,  1868. 
The  foregoing  is  a  correct  statement  of  votes  cast  for  Dele- 
gates to  Convention  in  the  Election  Districts  of  North-Caro- 
liea  at  the  election  held  on  the  19th  and  20th  days  of  Novem- 
ber, 1867,  as  returned  by  the  Superintendent  of  Election. 

A?  J.  WILLARD. 
In  charge  of  Bureau  Civil  Affairs. 


8 


114 


CONVENTION  JOUKNAL. 


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1868.]  CONVENTION  JOURNAL.  115 


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116 


CONVENTION  JOURNAL. 


[Session 


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1868.] 


CONVENTION  JOUKNAL.  117 


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CONVENTION  JOUENAL. 


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1868.]  CONVENTION  JOURNAL.  119 

Mr.  Laflin  asked  and  obtained  leave  of  absence  for  Mr. 
Grant  of  Wayne  until  Monday  next. 

Leave  of  absence  was  also  granted  Mr.  Hollowell,  also  Mr. 
Ashley,  until  Monday  next. 

Leave  of  absence  was  also  granted  Messrs.  Tourgee  and 
Welker  from  2  o'clock  until  Monday  next. 

Mr.  Rodman  presented  a  memorial  from  the  citizens  of 
Hyde  County,  respecting  tlie  drainage  of  Mattamuskeet  Lake. 

Referred  to  the  Committee  on  Internal  Improvements. 

The  majority  and  minority  reports  of  the  Committee  on 
Legislation,  were  presented  and  ordered  to  be  printed. 

The  Committee  on  the  Judicial  Department,  to  whom  was 
referred  the  petition  for  divorce  of  Dewitt  C.  "Wilson  and 
Nancy  C.  Wilson,  reported  that  if  the  Convention  determines 
to  legislate  on  private  matters,  they  recommend  a  favorable 
consideration  of  the  case. 

WM.  B.  RODMAN,  Chairman. 

On  motion  the  report  was  indefinitely  postponed. 

The  report  of  the  Committee  on  Judicial  Department  on  a 
resolution  introduced  by  Mr.  Tourgee,  respecting  costs  in 
criminal  cases,  reported  through  their  Chairman,  Mr.  Rod- 
man. 

On  motion  the  report  was  laid  over, 

Mr.  Peterson  introduced  an  ordinance  making  it  the  duty 
of  the  General  Assembly  to  provide  a  Land  Agency  in  each 
County  of  this  State. 

Referred  to  the  Committee  on  Relief. 

Mr.  Renfrew  introduced  an  ordinance  for  the  protection  of 
labor. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Congleton  introduced  a  resolution  asking  for  a  loan  of 
ten  millions  of  dollars  for  agricultural  purposes. 

Made  a  special  order  for  Tuesday. 

Mr.  Ragland  offered  the  following  resolution  : 

Resolved  That  the  Committee  appointed  to  confer  with 
General  Canby,  be  directed  to  inquire  whether  notes  and 
bonds  given  since  May  1st,  1865,  in  renewal  of  debts  con- 


12a  CONVENTION  JOURNAL.  [Session 

tracted  prior  to  that  date  are  subject  to  the  power  of  General 
Order,  164. 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Williamson  introduced  a  resolution  asking  a  loan  from 
Congress. 

Referred  to  the  Committee  on  Finance. 

The  Relief  Bill,  No.  7,  being  a  special  order  for  this  day, 
was  taken  up. 

Mr.  Welker  offered  an  amendment. 

Mr.  Jones,  of  "Washington,  offered  a  substitute. 

Mr.  Graham,  of  Orange,  also  offered  a  substitute. 

After  considerable  discussion, 

On  motion  of  Mr.  Harris,  of  Wake,  the  whole  subject  was 
postponed  until  Saturday  next. 

On  motion  of  Mr.  Abbott,  the  report  of  the  Committee  on 
Internal  Improvements,  was  postponed  until  Monday  at  12. 
o'clock,  and  made  special  order  at  that  time* 

On  motion  the  house  adjourned. 


MONDAY,  February  3d,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the- 
President. 

Prayer  by  the  Rev.  Dr.  Atkinson. 

The  President  announced  a  quorum. 

The  Journal  of  Saturday  was  read  and  approved'. 

A  communication  was  received  from  the  Young  Men's 
Christian  Association,  asking  the  use  of  the  Hall  for  the 
evening. 

On  motion  of  Mr.  Watts,  the  request  was  granted. 

Mr.  Harris,  of  Wake,  presented  a  petition  for  the  divorce  of 
Ann  Underdue. 

Laid  over. 

Mr.  McCubbins  presented  a  memorial  from  the  citizens  of 
Rowan  County,  regarding  the  usury  law. 

Referred  to  the  Committe  on  the  Judicial  Department. 


1868.]  CONTENTION  JOURNAL.  121 

Mr.  Raglan  d  introduced  a  resolution  giving  certain  instruc- 
tions to  the  Committee  on  Judicial  Department. 

Referred  to  the  Committee  on  Judicial  Department. 

Mr.  Duckworth  introduced  an  ordinance  for  the  relief  of 
the  Sheriff  of  Henderson  County. 

Lies  over  under  the  rules. 

Mr.  Morton  in  trod  need  the  following  resolution  : 

Resolved,  That  from  and  after  to-day,  Monday,  February 
3d,  the  Convention  shall  assemble  at  10  o'clock,  A.  M.,  and 
adjourn  at  2,  P.  M. 

On  motion,  the  rules  were  suspended. 

Mr.  Heaton  moved  to  amend  by  striking  out  all  after  10 
o'clock,  A.  M. 

The  resolution,  as  amended,  was  adopted.. 

Mr.  Glover  introduced  a  resolution  instructing  the  Com- 
mittee on  Legislature  to  enquire  into  the  propriety  of  abol- 
ing  the  Bastardy  law  of  the  State. 

Referred  to  the  Committee  on  Legislature. 

Mr.  Petree  introduced  a  resolution  providing  for  a  Com- 
mittee of  three  to  petition  Congress  for  the  reduction  of  the. 
Revenue  Tax  on  Tobacco. 

Lies  over  under  the  rules. 

WNFINISHED   BUSINESS.. 

The  following  resolution  of  Mr.  Harris,  of  Wake,  was  called 
up,  and, 

On  motion,  was  adopted : 

-Resolved,  That  the  President  of  this  Convention  appoint 
a  Committee  of  eight,  one  from  each  Judicial  District,  to  take 
into  consideration  the  Congressional  Districts,  and  report  by 
ordinance  or  otherwise. 

The  ordinance  of  Mr.  Glover  to  revive  debts,  was  taken  up, 
and, 

On  motion,  was  indefinitely  postponed. 

The  ordinance  presented  by  Mr.  Duckworth,  in  regard  to? 
admission  to  the  Bar,  was  taken  up,  and, 

Referred  to  the  Committee  on  the  Judicial  Department,, 


122  CONTENTION  JOURNAL.  [Session 

The  ordinance  of  Mr.  French,  of  Bladen,  in  relation  to 
taxes,  was,  with  unanimous  consent,  withdrawn. 

Mr.  Candler  introduced  an  ordinance  repealing  the  granting 
of  a  general  amnesty  and  pardon  to  soldiers,  &c. 

On  motion,  it  was  made  a  Special  Order  for  Monday  at  12 
o'clock. 

The  vote  to  make  the  report  of  the  Committee  on  Relief  a 
Special  Order  for  Saturday,  was  reconsidered,  and, 

On  motion  ?  the  report  was  made  a  Special  Order  for  Tues- 
day, at  12  o'clock. 

Mr.  "Watts  moved  to  reconsider  the  vote,  on  the  report  of 
the  Committee  on  the  Judicial  Department  in  relation  to  a 
petition  of  divorce  of  Dewitt  Wilson  and  his  wife. 

The  motion  was  not  sustained. 

The  hour  of  12  having  arrived, 

The  following  report  of  the  Committee  on  Internal  Improve- 
ments was  taken  up. 

The  Committee  on  Internal  Improvements,  to  whom  was 
referred  the  ordinance  in  relation  to  the  Wilmington,  Charlotte 
and  Rutherford  Rail  Road,  have  instructed  me  to  report  the 
ordinance  with  an  amendment. 

W.  G.  B.  GARRETT,  Chairman. 

AN  ORDINANCE  REDUCING  THE  AMOUNT  OF 
BONDS  AUTHORIZED  TO  BE  ISSUED  BY  THE 
WILMINGTON,  CHARLOTTE  AND  RUTHERFORD 
RAIL  ROAD  COMPANY. 

"Whereas,  By  an  act  of  the  General  Assembly  of  the  State 
of  North-Carolina,  ratified  the  27th  day  of  December,  1866, 
the  Wilmington,  Charlotte  and  Rutherford  Rail  Road  Company 
was  authorized  to  place  upon  its  roadway,  property  and  fran- 
chise, a  first  mortgage,  to  secure  an  issue  of  bonds,  not  to  ex- 
ceed in  amount  four  millions  dollars,  which  mortgage  has  been 
duly  executed  and  recorded  according  to  the  provisions  of  said 
act ;  and  whereas,  the  State  holds  a  second  mortgage  upon  the 
road  for  two  millions  of  dollars,  to  protect  which  interest  it  is 
manifestly  essential  that  the  bonds  to  be  issued  under  said 


1868.]  CONTENTION  JOUKNAL.  123 

first  mortgage  shauld  be  reduced  in  amount,  and  their  value 
enhanced  by  the  endorsement  of  the  State,  so  that  the  Com- 
pany may  be  enabled  to  complete  its  road  ;  therefore, 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  the  President  of  this  Convention, 
or  the  Governor,  or  the  Public  Treasurer  of  the  State,  or 
either  of  them,  be,  and  they  are  hereby  authorized  and  direc- 
ted, in  behalf  of  the  State  to  endorse  the  bonds  authorized  as 
aforesaid  to  the  amount  of  one  million  dollars,  which  endorse- 
ment shall  be  in  the  words  and  figures  following,  to  wit : 
The  principal  and  interest  of  this  bond  is  guaranteed  by  the 
State  of  North-Carolina,  by  an  ordinance  of  the  Constitution- 
al Convention,  ratified  the  3d  day  of  February,  1868.  Pro- 
vided, that  the  amount  of  Bonds,  issued  by  authority  of  the 
said  act  of  the  General  Assembly,  shall  not  exceed  in  the  ag- 
gregate two  millions  five  hundred  thousand  dollars,  shall  be 
delivered  to  the  President  of  this  Convention,  or  to  the  Gov- 
ernor, or  to  the  State  Treasurer,  and  by  him  or  them  cancelled 
and  destroyed. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
take  effect  from  and  after  its  ratification. 

Mr.  Laflin  offered  to  amend  by  adding  the  following  to 
Section  1st : 

"  Or  that  said  one  million  five  hundred  thousand  dollars  of 
bonds  shall  be  cancelled  and  destroyed  by  the  Trustees  of  said 
first  mortgage,  and  a  certificate  shall  be  printed  upon  each  of 
the  remaining  bonds  certifying  that  two  millions  five  hun- 
dred thousand  dollars  of  bonds  are  all  that  are  issued  or  are 
authorized  to  be  issued  under  the  deed  of  trust  or  mortgage, 
delivered  to  them,  and  that  the  additional  one  million  five 
hundred  thousand  dollars  of  bonds  have  been  cancelled  and 
destroyed,  and  that  said  certificate  shall  be  signed  by  each  of 
the  Trustees." 

Mr.  Tourgee  offered  the  following  amendment  to  be  added 
to  the  above  amendment : 

Provided  further,  That  five  hundred  thousand  dollars  of 
the  remaining  two  millions  five  hundred  thousand  dollars  of 


124  CONTENTION  JOURNAL.  [Session 

bonds,  be  deposited  with  the  Treasurer  of  the  State,  as  col- 
lateral security  of  the  State  for  the  above  named  endorsement, 
and  if  the  said  Wilmington,  Charlotte  and  Rutherford  Rail 
Road  Company  shall  fail  to  pay  either  interest  or  principal 
of  said  endorsed  bonds,  so  that  the  State  shall  become  liable 
lor  the  same,  by  reason  of  said  endorsement,  and  shall  pay  the 
same,  then  the  State  shall  become  the  owner  of  said  five 
hundred  thousand  dollars  of  Bonds .;  but  if  the  said  Rail  Road 
Company  shall  pay  both  interest  and  principal  of  said  endors- 
ed bonds,  so  that  the  State  shall  not  become  liable  for  the 
same  by  reason  of  its  endorsement,  to  the  said  five  hundred 
thousand  dollars  of  bonds,  shall  be  the  property  of  said  Rail 
Road  Company." 

The  amendments  were  accepted. 

The  ordinance  with  the  amendments  was  put  upon  its  pas- 
sage, and  was  adopted  by  the  following  vote  : 

The  yeas  and  nays  being  demanded,  resulted  yeas  58,  and 
nays  48. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Aydlott,  Baker,  Blume,  Bradley, 
Carey,  Carter,  Cherry  Chillson,  Daniel,  Dickey,  Dowd, 
Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  French 
of  Bladen,  French  of  Chowan,  Fullings,  Galloway,  Gra- 
ham of  Orange,  Gunter,  Harris  of  Wake,  Hayes  of  Rob- 
eson, Highsmith,  Hollowell,  Holt,  Hood,  King  of  Lincoln, 
Lailin,  Lee,  Legg,  Lennon,  Logan,  Long,  May,  Mayo,  Mar- 
shall, McCubbins,  Merritt,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Murphy,  Nance,  Newsorn,  Patrick,  Petree, 
Ragland,  Rich,  Rodman,  Still  well  Tourgee,  Tucker,  Watts, 
and  Williamson — 58. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Barnes,  Bryan,  Candler  Congleton,  Duckworth, 
Franklin,  Gahagan,  Garland,  George,  Glover,  Graham  of 
Montgomery,  Grant  of  Northampton,  Gully,  Hare,  Hay, 
Hayes  of  Halifax,  Heaton,  Hobbs,  Hodnett,  H  other,  Hylhan, 
Ing,  Jones  of  Caldwell,  Jones  of  Washington,  Kinney,  Mor- 
ton, Mullican,  Nicholson,  Parker,  Parks,  Peterson,  Pierson, 
Pool,  Ray,  Read,  Renfrow,  Rhodes,  Rose,  Sanderlin,  Smith, 


1868.]  CONVENTION  JOURNAL.  125 

Stilly,   Sweet,   Taylor,    Teague,   Trogden,   Turner,  Welker 
and  Williams  of  Wake — 48. 

On  motion  the  House  adjourned. 


TUESDAY,  February  4th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Kev.  Dr.  Hudson. 

The  President  announced  a  quorum. 

The  Journal  of  Monday  was  read  and  approved. 

The  following  communication  from  General  Canby  to  the 
Committee  appointed  to  consult  with  him  on  matters  of  pub- 
lic interest,  was  read : 


u? 


HEADQUARTERS   SECOND  MILITARY   DISTRICT, 

Charleston,  S.  C,  January  31st,  1868. 

Messrs.  Abbott  and  Ragland,  Committee, 

Chamber  Constitutional  Convention  : 

Gentlemen  : — I  have  the  honor  to  acknowledge  receipt  of 
your  communication  of  the  28th,  and  of  the  enclosed  papers 
from  the  Treasurer  of  the  State  of  North-Carolina,  and  to 
state  in  reply  that  the  8th  section  of  the  law  of  March  3d, 
1867,  suplementary  to  the  law  of  March  2d,  1867,  to  provide 
for  the  more  efficient  government  of  the  Rebel  States,  directs 
that  the  Convention  for  each  State  shall  prescribe  the  fees, 
salary,  and  compensation  to  be  paid  to  all  the  delegates  and 
other  officers  and  agents  herein  authorized  or  necessary  to 
earry  into  effect  the  provisions  of  this  act,  not  herein  other- 
wise provided  for ;  and  shall  provide  for  the  leyy  and  collec- 
tion of  such  taxes  on  the  property  of  such  State,  as  may  be 
necessary  to  pay  the  same,  and  that  so  soon  as  I  am  advised 
that  the  Convention  has  provided  for  the  levy  and  collection 
of  the  taxes  necessary  to  defray  its  expenses,  and  has  directed 
the  same  when  collected  to  be  paid  into  the  State  Treasury, 


126  CONTENTION  JOURNAL.  [Session 

I  will  direct  the  payment  to  be  made  by  the  Treasurer  up- 
on the  warrant  of  the  President  of  the  Convention,  the  taxes 
collected  under  the  ordinance  of  the  Convention  to  be  applied 
to  the  reimbursement  of  the  payment  made  from  the  Treasury 
on  account  of  the  Convention. 
Yery  Respectfully 

Your  obedient  Servant, 

ED.  E.  S.  CANBY, 
BrvH.  Maj.  General  Commanding. 

On  motion  of  Mr.  Jones,  of  Washington,  it  was  ordered 
that  the  Committee  on  Finance  be  directed  to  prepare  a  tax 
bill,  in  pursuance  of  the  above  communication,  and  report  to 
the  Convention,  Thursday,  A.  M. 

Mr.  "Welker  presented  a  memorial  from  the  citizens  of 
Guilford  County,  against  the  distillation  of  grain. 

Lies  over  under  the  rules. 

The  Committee  on  the  Judicial  Department  reported  as 
follows : 

On  a  petition  of  the  citizens  of  Rowan  County,  respecting 
usury  laws  recommend  no  action. 

The  report  was  adopted. 

Also  on  a  resolution  in  relation  to  admission  "to  the  Bar," 
the  committee  recommend  that  it  pass. 

The  report  was  accepted  and  the  resolution  as  follows  was 
read  and  put  upon  its  passage : 

Resolved^  That  any  person  who  shall  produce  a  certificate 
of  admission  to  the  bar  of  any  State,  and  satisfactory  evidence 
of  good  moral  character,  before  the  Supreme  Court  of  the 
State,  shall  be  admitted  to  the  practice  of  law  in  the  several 
courts  of  this  State  upon  payment  of  the  fees  prescribed  by 
law ;  and  this  resolution  shall  be  in  force  from  and  after  the 
date  of  its  passage. 

Mr.  Durham  demanded  the  yeas  and  nays. 

The  demand  was  sustained. 

The  resolution  was  adopted  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Aydlott,  Barnes,  Blume,  Bryan, 


1868.]  CONVENTION  JOURNAL.  127 

Carey,  Cherry,  Chillson,  Congleton,  Cox,  Daniel,  Dickey  7 
Duckworth,  Eppes,  Fisher,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  Fullings,  Galloway,  Garland,  Glover, 
Graham  of  Montgomery,  Grant  of  "Wayne,  Gully,  Gnnter, 
Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Hali- 
fax, Heaton,  Highsmith,  Hobbs,  Hoffler,  Hollo  well,  Hood, 
Hyman,  Ing,  Jones  of  Washington,  King  of  Lincoln,  King  of 
Lenoir,  Kinney,  Laflin,  Lee,  Logan,  Mann,  May,  Mayo,  Mc- 
Donald of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Patrick,  Parks,  Petree,  Peterson, 
Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rich,  Rodmon,  Rose, 
Stilwell,  Taylor,  Tourgee,  Tucker,  Turner,  Watts,  Welker, 
Williams  of  Wake,  and  Williamson — 77. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Candler,  Durham,  Ellis,  Etheridge,  Forkner, 
George,  Graham  of  Orange,  Grant  of  Northampton,  Hall, 
Hare,  Hodnett,  Holt,  Jones  of  Caldwell,  Marshall,  McCub- 
bins,  Merritt,  Nicholson,  Parker,  Pool,  and  Sanderlin — 20. 

The  Committee  on  the  Judicial  Department  also  report  as 
follows : 

The  Committee  on  the  Judicial  Department,  to  whom  was 
referred  a  proposed  ordinance  for  the  protection  of  labor,  re 
spectfully  report,  that  in  their  opinion,  the  following  should 
be  a  part  of  the  Constitution  under  the  head  of  miscellaneous 
affairs  : 

The  General  Assembly  shall  provide,  by  law,  that  mechan- 
ics and  laborers  shall  have  a  lien  on  the  subject  matter  of 
their  labor. 

WM.  B.  RODMAN,  Chairman. 

The  report  was  accepted. 

The  Committee  on  the  judicial  Department  to  whom  was 
referred  the  petition  of  Martha  A.  Hopkins,  wife  of  William 
T.  Hopkins,  to  be  divorced  from  her  husband,  respectfully  re- 
port the  following  ordinance  and  request  its  passage  : 

Be  it  ordained  by  the  people  of  North-  Carolina  in  Conven- 
tion assembled,  That  the  bonds  of  matrimony  between  Wil- 
liam T.  Hopkins  and  Martha  A.,  his  wife,  now  of  Granville 


128  CONVENTION  JOURNAL.  [Session 

County,  are  hereby  dissolved  and  each  party  is  at  liberty  to 
marry  again. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  ordinance  on  the 
table. 

The  yeas  and  nays  were  demanded  and  the  ordinance  was 
laid  on  the  table  by  the  following  vote. 

Those  who  voted  in  the  affirmative  are  *. 

Messrs.  Abbott,  Aydlott,  Barnes,  Braclly,  Bryan,  Carey, 
Candler,  Chillson,  Dickey,  Duckworth,  Durham,  Forkner, 
French  of  Bladen,  Fullings,  Gahagan,  Garland,  George,  Grant 
of  Wayne,  Hall,  Hay,  Heaton,  Hobbs,  Hodnett,  Hollowell, 
Holt,  Ing,  Jones  of  Caldwell,  King  of  Lincoln  >  King  of 
Lenoir,  Kinney,  Lee,  Lennon,  Logan,  May,  Mayo,  Marshall, 
McDonald  of  Moore,  Newsom,  Petree,  Pool,  Kay,  Renfrow, 
Rhodes,  Rose,  Stilwell,  Sweet,  Teague,  Tourgee,  Trogden, 
and  Tucker — 51. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Baker,  Blume,  Congleton,  Cox,  Daniel, 
Dowd,  Eppes,  Etheridge,  Franklin,  French  of  Rockingham, 
Galloway,  Glover,  Graham  of  Montgomery,  Graham  of 
Orange,  Gunter,  Hare,  Harris  of  Wake,  Harris  of  Franklin, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Ilighsmith,  Hood, 
Hyman,  Jones  of  Washington,  Long,  McCubbins,  Merritt, 
McDonald,  of  Chatham,  Moore,  Morton,  Nance,  Nicholson, 
Patrick,  Parker,  Parks,  Peterson,  Pierson,  Ragland,  Read, 
Rich,  Rodman,  Sanderlin,  Taylor,  Turner,  Watts,  Welker, 
Williams  of  Wake,  and  Williamson— -49, 

Mr.  Forkner  moved  to  reconsider  the  vote  taken  Monday 
on  the  ordinance  in  relation  to  the  Wilmington,  Charlotte 
and  Rutherford  Rail  Road  Company. 

On  motion  of  Mr.  French,  of  Bladen,  the  motion  to  recon- 
sider was  laid  on  the  table. 

The  yeas  and  nays  were  demanded,  and  the  motion  to  re- 
consider  was  laid  on  the  table  by  the  following  vote: 

Those  who  voted  in  the  affirmative  are : 

Messrs  Abbott,  Andrews  Aydlott,  Baker,  Blume,  Carey, 
Carter,  Cherry,  Chillson,  Daniel,  Dickey,  Dowd,  Durham, 
Ellis,  Eppes,  Etheridge,  Fisher,  French  of  Bladen,  French  of 


1868.]  CONVENTION  JOTTRNAL.  129 

Rockingham,  Fallings,  Galloway,  Graham  of  Orange,  Grant, 
of  Wayne,  Gunter,  Harris  of  Wake,  Hayes,  of  Robeson, 
Hayes  of  Halifax,  Highsmith,  Hobbs,  Hoffler,  Hollowell, 
Holt,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  King  of  Lincoln, 
Kinney,  Lanin,  Lee,  Legg,  Lennon,  Logan  Long,  Mann,  Mar- 
shall, McCubbins,  Merritt,  McDonald  of  Chatham,  McDonald 
of  Moore,  Mullican,  Murphy,  Nance,  Newsom,  Patrick,  Parks, 
Ragland,  Ray,  Rhodes,  Rich,  Rose,  Stilwell,  Tucker,  Watts 
and  Williamson — 65. 

Those  who  voted  in  the  negative  are : 

Messrs.  Barnes,  Bradley,  Bryan,  Candler,  Congletoli,  Cos, 
Duckworth,  Forkner,  Gahagan,  Garland,  George,  Glover, 
Graham  of  Montgomery,  Grant  of  Northampton,  Gully, 
Hare,  Heaton,  Hodnett,  Jones  of  Washington,  King  of 
Lenoir,  Mayo,  Moore,  Nicholson,  Parker,  Peterson,  Pierson, 
Pool,  Read,  Renfrow,  Rodman,  Sanderlin,  Sweet,  Taylor, 
Teague,  Tourgee,  Trogden,  Turner,  Welker  and  Williams  of 
Wake— 39. 

The  following  Committee  was  announced  by  the  President, 
to  report  the  names  of  persons  to  be  recommended  to  Congress 
for  relief  from  disabilities  : 

1st  Judicial  District,  Nicholson, 

2d         "  «  R.W.King, 

3d        "  "         Hay, 

4th       "  "         Tourgee, 

5th       "  «         Hood, 

6th       «  "         C.  C.  Jones, 

8th       K  "  Gahagan. 

S3 

UNFINISHED   BUSINESS. 

The  resolution  of  C.  C.  Jones,  in  relation  to  an  ordinance 
increasing  the  expenses  of  the  Convention,  was  taken  up,  and 

On  motion  of  Mr.  Abbott,  was  referred  to  the  Committee 
on  Rules. 

The  following  ordinance  of  Mr.  Welker  on  distillation  of 
grain,  was  taken  up : 

9 


130  CONVENTION  JOURNAL.  [Session 

AN  ORDINANCE   ON   DISTILLATION   OF  GRAIN. 

Whekeas,  In  consequence  of  the  rapid  reduction  of  the 
small  crop  of  corn  in  this  State,  the  prices  of  food  have  already 
greatly  advanced,  and  money  being  unusually  scarce,  great 
destitution  already  exists  and  starvation  must  inevitably  fol- 
low speedily :  Therefore,  In  order  that  all  the  grain  still  on 
hand  may  be  reserved  for  bread,  and  famine  at  least  in  a  de- 
gree averted, 

•  Be  it  ordained  by  the  people  of  North- Carolina,  in  Conven- 
tion assembled,  That  from  the  first  day  of  February,  1868r 
until  the  first  day  of  June,  1868,  it  shall  not  be  lawful  for 
any  person  or  persons  to  distill  corn  or  any  other  grain  into 
intoxicating  liquors. 

Be  it  further  ordained,  That  any  person  or  persons  who 
shall  be  guilty  of  a  violation  of  this  ordinance,  on  being  con- 
victed before  a  competent  court,  shall  pay  a  fine  of  §50  for 
the  first  ofience,  $100  for  the  second  offence,  and  for  the  third 
offence  his  distillery  shall  be  closed  by  the  Sheriff,  and  the 
offender  or  offenders  shall  be  punished  with  imprisonment  in 
the  County  jail  for  not  more  than  three  nor  less  than  one 
month,  at  the  discretion  of  the  court.  In  this  ordinance,  each 
day  in  which  the  distillery  is  in  operation  shall  be  counted  a 
separate  offence. 

Be  it  further  ordai  d,  That  all  fines  recovered  under  this 
ordinance,  after  the  lawful  costs  are  deducted,  shall  be  paid 
into  the  Treasury  of  the  County  in  which  the  conviction  takes 
place,  for  the  benefit  of  the  poor  supported  by  said  County. 

Mr.  Colgrove  offered  an  amendment  which  was  adopted, 
and 

On  motion  the  vote  was  reconsidered. 

Mr*  Tourgee  offered  an  amendment. 

On  motion  of  Mr.  Graham,  of  Orange,  the  entire  matter 
was  referred  to  the  Committee  of  three  to  consult  with  Gene- 
ral Can  by. 

Mr.  Abbott  introduced  the  following  resolution  : 

Resolved^  That  the  Secretary  be  directed  to  prepare  a  list 
of  the  members  of  this  Convention,  which  shall  show  the 


1868.]  CONTENTION  JOURNAL.  131 

number  of  miles  travelled  by  each,  and  the  amount  of  mileage 
due. 

On  motion  the  Rules  were  suspended  and  the  resolution 
was  adopted. 

12  oclock  having  arrived  the  report  of  the  Committee  on 
Relief,  being  made  a  special  order  for  that  hour,  was  taken  up 
and  discussed  until  3  oclock  and  fifteen  minutes, 

When  upon  motion  the  house  adjourned. 


WEDNESDAY  February  5th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  May. 

The  President  announced  a  quorum. 

The  Journal  of  Tuesday  was  read  and  approved. 

Mr.  Patrick  presented  a  petition  of  divorce. 

Referred  to  the  Committee  on  the  Judicial  department. 

The  House  granted  leave  of  absence  to  Mr.  Benbow. 

Mr.  E.  W.  Jones,  Chairman,  of  the  Committee  on  corpora- 
tions, reported  as  follows  : 

The  Committee  on  Corporations,  to  whom  was  referred  the 
resolution  of  Mr.  Tourgee, 

"  That  no  Bank  of  Issue  shall  hereafter  be  established  un- 
der the  authority  of  this  State," 

Ask  leave  to  report  that  they  have  had  the  same  under  con- 
sideration, and  inasmuch  as  they  have  prepared  a  clause  to 
be  inserted  in  the  Constitution,  which  will  come  up  in  due 
time  for  consideration,  ask  to  be  discharged  from  the  further 
consideration  of  the  same. 

E.  W.  JONES,  Chairman. 

On  motion  the  report  was  adopted. 

The  Committee  on  Corporations,  to  whom  was  referred  the 
resolution  of  Mr.  S.  S.  Ashley,  in  regard  to  providing  a  lien 
for  labor,  ask  leave  to  report  that  they  have  considered  the 
same,  and  inasmuch  as  the  subject  matter   is   embraced   in 


132  CONVENTION  JOURNAL.  [Session 

other  Legislative  and  Constitutional  provisions  recommended 
to  the  Convention,  they  ask  to  be  discharged  from  the  further 
consideration  of  the  same. 

E.  W.  JONES,  Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Rich  introduced  the  following  resolution : 

Resolved,  That  the  Committee  on  Finance  be  instructed  to 
negotiate  a  loan  of  $500,00^  for  contingent  expenses,  and  be 
also  instructed  to  insert  in  the  tax  bill  that  amount  in  addi- 
tion to  the  estimated  ordinary  expenses  of  the  Convention. 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Rodman  introduced  a  resolution  for  the  relief  of  the 
Sheriff  of  Halifax  County. 

Lies  over  under  the  rules. 

On  motion,  the  report  of  the  Committee  on  Legislature 
was  recommitted  to  that  Committee. 

On  motion  of  Mr.  Forkner,  the  report  of  General  Canby  oi 
the  late  election,  was 

Referred  to  the  Committee  on  Privileges  and  Elections. 

On  motion  of  Mr.  C.  C.  Jones,  the  report  of  the  Committee 
on  Homesteads  was  recommitted  to  that  Committee. 

The  following  report  of  the  select  Committee  on  Relief  was 
taken  up : 

The  undersigned,  a  majority  of  the  Select  Committee  on 
Relief,  respectfully  report  the  following  ordinance  and  resolu- 
tion, and  recommend  their  passage : 

AN  ORDINANCE  RESPECTING  THE  JURISDICTION 
OF  THE  COURTS  OF  THIS  STATE. 

Section  1.  Be  it  ordained  by  the  people  af  North-Carolina 
in  Convention  assembled,  That  no  court  of  law  or  equity  of 
this  State  shall  have  jurisdiction  of  any  suit  or  action  founded 
on  any  contract  made  prior  to  the  first  day  of  May,  18657 
(except  actions  against  public  officers,  executors,  administra- 
tors, guardians,  trustees,  and   others   acting   in   a  fiduciary 


1868.]         •      CONTENTION  JOURNAL.  133 

capacity,  and  their  sureties  for  breach  of  their  respective 
duties,  by  the  appropriation  to  their  own  use  of  money  or 
property,  officially  received  by  them,  or  other  fraudulent  acts,) 
or  of  any  action  or  process  to  revive  or  enforce  any  judgment 
heretofore  recovered  on  any  such  contract,  whether  such  ac- 
tion be  now  pending,  or  shall  be  commenced  hereafter,  and 
whether  such  process  has  been  already  issued  or  shall  be  here- 
after sued  for ;  and  the  sheriffs,  coroners  and  constables  of 
this  State,  having  in  their  hands  »ny  final  process  issued  upon 
any  judgment  founded  on  such  cause  of  action,  are  hereby 
commanded  to  stay  all  proceeding  upon  the  same,  and  to  re- 
turn the  same  to  the  proper  courts. 

Sec.  2.  This  ordinance  shall  be  in  force  from  and  after  its 
ratification  by  this  Convention,  and  shall  continue  in  force  until 
the  first  day  of  July,  1868,  or  until  the  Constitution,  which  this 
Convention  has  met  to  adopt,  shall  go  into  effect,  whichever 
shall  first  happen. 

Resolved,  That  a  copy  of  the  foregoing  ordinance  be  sent 
to  Major  General  Canby,  Commanding,  &c,  and  that  he  be 
respectfully  requested  to  cause  the  same  to  be  enforced. 

Mr.  McDonald,  one  of  the  Committee,  agrees  in  recommend- 
ing the  foregoing  ordinance,  with  the  exception  of  a  portion 
of  the  first  section. 

WM.  B.  RODMAN",  Chairman. 

john  a.  Mcdonald, 
john  read, 

G.  W.  BRxlDLET, 
J.  H.  DUCKWORTH. 

Mr.  Graham,  of  Orange,  offered  the  following  substitute  : 

AN"    ORDINANCE    RESPECTING    THE    JURISDIC- 
TION OF  THE  COURTS  OF  THIS  STATE. 

Section  1.  Beit  ordained "by the  people  of North-Carolina, 
in  Convention  assembled,  That  Sections  1  and  2  of  the  ordi- 
nance of  the  Convention  adopted  June  23d,    1866,  entitled 


134  CONVENTION  JOURNAL.  [Session 

"  An  Ordinance  to  change  the  jurisdiction  of  the  Courts  and 
the  rules  of  pleading,  therein,"  be  and  are  hereby  repealed. 

Sec.  2.  Be  it  further  ordained,  That  Section  3  of  the 
above  entitled  Ordinance  be  amended  to  read  as  follows  : 
"  Sec.  3.  That  all  actions  of  debt,  covenant,  assumpsit,  and  ac- 
count now  pending  in  the  Superior  Courts  shall  be  continued 
to  Spring  Term,  1869  ;  and  that  the  several  Superior  Courts 
at  the  Spring  Term  thereof  only,  unless  otherwise  herein  pro- 
vided, shall  have  exclusiv^  original  jurisdiction  of  all  such 
causes  of  action  except  where  jurisdiction  has  been  or  shall  be 
given  to  a  Justice  of  the  Peace  by  the  Constitution  or  Laws 
of  North-Carolina.  Should  the  defendant  at  the  Spring 
Term,  1869,  on  writs  which  shall  be  returned  to  that  Term 
or  in  any  suit  for  the  above  causes  of  action  then  pending  in 
the  Superior  Court,  pay  or  confess  judgment  to  the  plaintiff 
tor  one-tenth  of  the  debt  and  demand  (principal  and  interest) 
and  all  costs  to  that  time,  he  shall  be  allowed  until  next 
Spring  Term  to  plead.  At  the  said  Spring  Term  should  the 
defendant  pay  to  the  plaintiff  or  confess  judgment  for  one- 
fifth  of  the  residue  of  the  said  debt  or  demand  and  cost,  he 
shall  be  allowed  until  the  succeeding  Spring  Term  to  plead. 
At  the  said  Spring  Term  should  the  defendant  pay  to  the 
plaintiff  or  confess  judgment  for  one-half  of  the  residue  of  the 
debt  or  demand,  he  shall  be  allowed  until  the  succeeding 
Spring  Term  to  plead.  At  the  said  Spring  Term  the 
pla  intiff  shall  have  judgment  for  the  residue  of  his  debt 
or  demand:  Provided  however,  That  the  plaintiff,  if  requir- 
ed, shall  file  his  debt  or  demand  in  writing,  and  if  the  de- 
fendant shall  make  oath  that  the  whole  or  any  part  thereof  is 
not  justly  due,  or  that  he  has  a  counter  demand,  all  of  which 
shall  be  particularly  set  forth  by  affidavit,  then  the  defendant 
shall  only  pay  the  instalment  required  of  what  he  admits  to 
be  due,  and  the  court  shall  order  a  jury  at  the  same  or  some 
subsequent  Term,  to  try  the  matters  in  dispute  between  the 
parties,  and  at  the  next  Spring  Term  the  defendant  shall  be 
allowed  time  to  plead  only  upon  paying  or  confessing  judg- 
ment for  one-fifth  of  the  residue  of  the  admitted  amount,  and 
whatever  the  jury   finds  him  indebted  over   and  above  the 


1868.]  CONVENTION  JOTJENAL.  135 

same  :  Provided  further,  That  should  the  defendent  fail  to 
pay  or  confess  judgment  for  the  first  or  any  subsequent  in- 
stallment, then  and  in  that  case  the  plaintiff  shall  be  entitled 
to  proceed  to  judgment  and  execution  for  such  installment, 
unless  the  defendent  shall  put  in  pleas,  in  which  case  the  suit 
shall  proceed  according  to  the  course  of  the  court  fn  1860  : 
Provided  further,  That  by  consent  of  the  plaintiff  the  defen- 
dant at  any  Term  of  the  court  may  confess  judgment  for  a 
stipulated  sum  in  full  and  final  discharge  of  all  further  de- 
mand or  liability  upon  such  claim." 

Sec.  3.  Be  it  further  .ordained,  That  section  10  of  the 
above  recited  act  shall  be  amended  to  read  as  follows  :  "  Sec. 
10.  That  executions  on  judgments  in  actions  of  debt,  assump- 
sit, covenant  or  account,  or  decrees  for  money  demands  in 
Equity,  which  have  been,  or  shall  be  issued  on  judgments  or 
decrees  heretofore  obtained,  shall  be  levied  on  the  property  of 
the  defendant  and  returned  without  sale  :  Provided,  such  re- 
turn shall  not  prejudice  any  lien  the  plaintiff  may  acquire  or 
then  have  by  virtue  of  said  fi  fa  or  venditioni  exponas.  At 
Spring  Term  1869,  execution  on  all  such  judgments  or  de- 
crees shall  issue  for  only  one-tenth  of  the  amount  then  due ; 
at  Spring  Term  1870,  for  one-fifth  of-  the  residue ;  at  Spring 
Term  1871  for  one-half  of  the  residue  ;  and  at  Spring  Term 
1S72  for  the  bailance  of  the  debt;  and  no  execution  shall 
issue  from  the  Fall  Term  on  any  such  judgment  or  decree 
except  by  consent  of  the  defendant.  That  no  mortgagee  or 
trustee,  shall  expose  to  sale  the  property"  conveyed  in  such 
mortgage  or  trust  deed,  without  the  consent  of  the  grantor, 
before  first  of  March,  1S69.  Should  the  mortgagor,  or  trustor 
at  that  time  pay  one-tenth  of  the  debts  mentioned,  the  sale 
shall  be  postponed  to  first  of  March,  1870;  at  that  time 
should  the  mortgagor  or  trustor  pay  one-fifth  of  the  residue, 
the  sale  shall  be  postponed  to  the  first  of 'March,  1871;  at 
that  time  should  the  trustor  or  mortgagor  pay  one-half  of  the 
residue,  the  sale  shall  be  postponed  to  first  of  March  1872  ; 
and  at  that  time  the  trustee  or  mortgagee  shall  sell  the  prop- 
erty or  so  much  of  it  as  will  realize  the  balance  of  the  debts : 
Provided  however,  That  should  the  trustor,  or  mortgagor  fail 


136  CONVENTION  JOURNAL.  [Session 

to  pay  the  first  or  any  subsequent  installment,  then,  and  in 
that  case,  the  trustee  or  mortgagee  shall  sell  at  six  months 
credit,  so  much  of  the  property  conveyed  as  will  realize  such 
installment." 

Sec.  4.  Be  it  further  ordained,  That  section  II,  of  the 
above  entitled  act  be  amended  to  read  as  follows  :  "  That  no 
warrants  before  Justices  of  the  Peace  shall  issue  or  be  return- 
able until  January  1st,  1869.  Should  the  defendant  upon  such 
return  pay  to  the  plaintiff,  or  to  the  collecting  officer,  for  his 
use,  or  confess  judgment  before  the  magistrate  for  one-tenth, 
of  the  debt  and  demand,  (principal  and  interest),  he  shall  be 
allowed  twelve  months  to  plead ;  at  the  expiration  of  that 
time,  should  the  •  defendant  pay  to  the  plaintiff  or  confess, 
judgment  for  one-fifth  of  the  residue  of  the  said  debt  or  de- 
mand, he  shall  be  allowed  twelve  months  more  to  plead  ;  at 
the  expiration  of  that  time  should  the  defendant  pay  to  the 
plaintiff  or  confess- judment  for  one -half  of  the  residue  of  said 
debt  or  demand,  he  shall  be  allowed  twelve  months  more  to 
plead  ;  at  the  expiration  of  that  time  the  plaintiff  shall  have 
judgment  for  the  residue  of  his  debt  or  demand ;  Provided^ 
however,  That  the  plaintiff,  if  required,  shall  file  his  claim  in 
writing,  and  if  the  defendant  shall  make  oath  that  the  whole 
or  any  part  thereof  is  not  justly  du3,  or  that  he  has  a  counter 
demand,  all  of  which  he  shall  particularly  set  forth  by  affida- 
vit, then  the  defendant  shall  only  pay  the  installment  requir- 
ed of  what  he.  admits  to  be  due,  and  the  justice  shall  proceed 
to  try  the  matters  in  dispute  between  the  parties  ;  and  at  the 
expiration  of  twelve  months  the  defendant  shall  be  allowed 
time  to  plead  only  upon  payment  of  one-fifth  of  the  amount 
admitted  to  be  due,  and  whatever  the  justice  may  have  found 
him  indebted  over  and  above  the  same  :  Provided,  That 
should  the  defendant  fail  to  pay  or  confess  judgment  for  the 
first  or  any  subsequent  installment,  then  and  in  that  case,  the 
plaintiff  shall  be  entitled  to  proceed  to  judgment_and  execu- 
tion for  such  installment »  Provided  further,  That  by  con- 
sent of  the  plaintiff  the  defendant  may  at  any  time  confess 
judgment  lor  a  stipulated  sum  in  full  and  final  discharge  of 
all  further  demand  or  liability  upon  such  claim.    That  all 


1868.]  CONVENTION  JOITKNAL.  137 

executions  on  judments  in  actions  of  debt,  covenant,  assump- 
sit or  account  which  have  been,  or  shall  be  issued  on,  judg- 
ments heretofore  obtained  before  any  magistrate,  shall  be, 
levied  on  the  property  of  the  defendant  and  returned  without 
sale;  at  the  expiration  of  twelve  months  from  such  return  ex- 
ecution on  all  such  judgments  shall  issue  for  only  one-tenth 
of  the  amount  then  due ;  at  the  expiration  of  twelve  months 
from  that  time  for  one-fifth  of  the  residue  ;  at  the  expiration 
of  twelve  months  more  for  one-half  of  the  residue,  and  at 
the  expiration  of  twelve  months  more  for  the  balance  of  the 
debt." 

Sec.  5.  Be  it  further  ordained,  That  Section  17  of  the 
above  entitled  ordinance  be  amended  to  read  as  follows : 
"Sec.  17.  That  the  provisions  of  this  ordinance  shall  not  be 
construed  to  extend  to.  any  debts  or  demands  contracted  or 
penalties  incurred  since  the  first  day  of  May,  A.  D.  1865,  or 
which  may  hereafter  be  contracted  or  incurred,  except  actions- 
founded  on  any  bond,  promissory  note,  bill  of  exchange,  or 
any  other  instrument  of  writing,  or  parol  promise  made  since- 
first  May,  1865,  in  renewal  of,  or  substitution  for,  a  contract 
made  prior  to  first  of  May,  1865,  to  the  full  amount  of  the 
principal  and  interest  of  a  debt  existing  prior  to  said  day,, 
and  without  other  consideration  than  such  pre-existent  debt ; 
and  except  also,  actions,  suits,  or  process  to  revive,  continue 
or  enforce  any  judgment  heretofore  recovered  upon  any  such 
bond,  promissory  note,  bill  of  exchange  or  other  instruments 
of  writing  ox  parol  promise  as  is  hereinbefore  mentioned." 

Sec.  6.  Be  it  further  ordained,  That  this  ordinance  shall  be, 
in  force  from  and  after  its  ratification. 

The  substitute  of  Mr.  Graham,,  and  also  the  substitute  of 
Mr.  Jones,  of  "Washington,  were  submitted. 

The  Chair  decided  the  substitute  of  Mr.  Graham's  in  order. 

It  was  discussed  at  length. 

The  question  was  called, 

And  the  yeas  and  nays  were  demanded. 

The  substitute  was  lost  by  the  following  vote,  yeas  18$ 
nays  84. 

Those  who  voted  in.  affirmative  are  i 


138  CONVENTION  JOURNAL.  [Session 

Messrs.  Baker,  Barnes,  Bradley,  Ellis,  Eppes,  Glover,  Gra- 
ham of  Orange,  Hare,  Hodnett,  Hollo  well,  Holt,  Hyman, 
King  of  Lenoir,  Lennon,  Marshall,  MeCubbins,  Merritt  and 
Sanderlin — 18. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Aydlott,  Blnme,  Bryan,  Carey, 
Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox, 
Dowd,  Duckworth,  Etheridge,  Fisher,  Forkner,  Franklin, 
French  of  Rockingham,  Fullings,  Gahagan,  George,  Graham 
of  Montgomery,  Grant  of  Wayne,  Grant  of  Northampton, 
Gully,  Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Heaton,  Highsmith,  Hobbs,  Homer,  Hood, 
Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lincoln, 
Laflin,  Lee,  Legg,  Logan,  Long,  Mann,  May,  Mayo,  McDon- 
ald of  Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mulli- 
can,  Murphy,  Nanee,  Newsom,  Nicholson,  Patrick,  Parker, 
Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read, 
Renfrow,  Rhodes,  Rich,  Rodman,  Rose,  Smith,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Tm*ner, 
Watts,  Welker  and  Williams  of  Wake— 84. 

The  substitute  of  Mr.  Jones  being  declared  in  order  by  the 
President,  was  discussed  and  voted  on. 

The  yeas  and  nays  were  demanded,  and  resulted  yeas  2"^ 
nays  69. 

Those  who  voted  in  the  affirmative  are.: 

Messrs.  Baker,  Barnes,  Candler,  Cox,  French  of  Rocking- 
ham, Fullings,  Glover,  Grant  of  Wayne,  Grant  of  Northamp- 
ton, Hare,  Hodnett,  Hollowell,  Hyman,  Ing,  Jones  of  Wash- 
ington, King  of  Lincoln,  King  of  Lenoir,  Mullican,  Nicholson, 
Parker,  Pool,  Renfrow,  Rose,  Teague,  Trogden  and  Williams 
of  Wake— 27. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Aydlott,  Blume,  Bradley,  Bryan, 
Carey,  Carter,  Chillson,  Congleton,  Dickey,  Dowd,  Duck- 
worth, Eppes,  Etheridge,  Forkner,  Franklin,  French  of 
Bladen,  Gahagan,  Galloway,  George,  Graham  of  Montgomery, 
Gully,  Gunter,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  FlobbSj  Homer,  Jones  of  Caldwell,  Kinney,,  Laflin^ 


1868.]  CONVENTION  JOUENAL.  139 

Lee,  Legg,  Lennon,  Logan,  Long,  Mann,  May,  Mayo,  McCub-' 
bins,  Merritt,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Murphy,  Nance,  Newsom,  Patrick,  Parks, 
Peterson,  Pierson,  Ragland,  Read,  Rhodes,  Rich,  Rodman, 
Sanderlin,  Smith,  S  til  well,  Sweet,  Taylor,  Tourgee,  Tucker, 
Turner,  Watts  and  Welker— 69. 

Mr.  Welker  withdrew  his  amendment. 

Mr.  Tourgee  offered  the  following  amendment : 

"  To  stay  final  process  on  all  debts  since  May,  1865,  except 
for  laborers  wages  and  fraud." 

The  yeas  and  nays  were  demanded. 

And  the  amendment  was  lost  by  the  following  vote,  yeas 
39,  nays  67 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Blume,  Bradly,  Bryan,  Carey, 
Carter,  Candler,  Chillson,  Dickey,  Franklin,  George,  Graham 
of  Montgomery,  Gully,  Gunter,  Harris  of  Wake,  Hay,  Hoffler, 
Legg,  Lennon,  Long,  Mann,  May,  Merritt,  McDonald  of 
Chatham,  McDonald  of  Moore,  Moore,  Morton,  Murphy, 
Nance,  Newsom,  Patrick,  Peterson,  Ragland,  Smith,  Tourgee, 
Turner,  Welker  and  Williams  of  Wake — 39. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Baker,  Barnes,  Cherry,  Colgrove,  Congle- 
ton,  Cox,  Dowd,  Duckworth,  Ellis,  Eppes,  Etheridge,  Fisher, 
Forkner,  French  of  Bladen,  French  of  Rockingham,  Fullings, 
Gahagan,  Galloway,  Glover,  Grant  of  Wayne,  Grant  of 
Northampton,  Hall,  Harris  of  Franklin,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hodnett,  Hol- 
lowell,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin, 
Lee,  Logan,  Mayo,  Marshall,  McCubbins,  Muilican,  Nicholson, 
Parker,  Parks,  Petree,  Pierson,  Pool,  Ray,  Read,  Renfrew, 
Rhodes,  Rodman,  Rose,  Sanderlin,  Stilwell,  Sweet,  Taylor, 
Teague,  Trogden,  Tucker,  Watts  and  Williamson — 67. 

Mr.  Pool  offered  and  amendment  to  strike  out  the  second 
"  of,"  in  the  third  line,  and  insert  "  to  issue  or  enforce  execu- 
tions in  ;"  also  in  tenth  line,  strike  out  "  of"  and  insert  "in," 
and  strike  out  "  or  process." 


140  CONTENTION  JOURNAL.  [Session 

The  amendment  was  not  sustained. 

Mr.  Tourgee  moved  to  lay  tlie  ordinance  of  Mr.  Hodman 
on  the  table. 

The  yeas  and  nays  were  demanded, 

And  the  motion  was  lost  by  the  following  vote,  yeas  44, 
nay  57. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Baker,  Barnes,  Blume,  Candler,  Cherry, 
Congleton,  Cox,  Dowd,  Duckworth,  Ellis,  Eppes,  French  of 
Rockingham,  Fullings,  Gahagan,  Grant  of  Northampton, 
Gully,  Hayes  of  Robeson,  Hoclnett,  Hoffler,  Hollowell,  Ing, 
King  of  Lenoir,  Logan,  May,  Marshall,  Moore,  Mullican,  Mur- 
phy, Nicholson,  Parker,  Parks,  Peterson,  Pool,  Ray,  Renfrow, 
Rhodes,  Rose,  Teague,  Tourgee,  Trogden,  Welker  and  Wil- 
liams of  Wake — 44. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Aydlott,  Bradley,  Bryan,  Carter,  Chillson, 
Colgrove,  Etheridge,  Fisher,  Forkner,  Franklin,  Galloway, 
George,  Glover,  Graham  of  Montgomery,  Grant  of  Wayne, 
Gunter,  Harris  of  Wake,  Hayes  of  Halilax,  Heaton,  High- 
smith,  Hobbs,  Hood,  Hyinan,  Jones  of  Caldwell,  King  of  Lin- 
coln, Kinney,  Laflin,  Lee,  Legg,  Lennon,  Long,  Mann,  Mayo, 
McCnbbins,  Merritt,  McDonald  of  Chatham,  McDonald  of 
Moore,  Morton,  Nance,  Newsom,  Patrick,  Petree,  Pierson, 
Ragland,  Read,  Rich,  Rodman,  Sanderlin,  Smith,  Stillweil, 
Sweet,    Taylor,  Tucker,  Turner,  Watts  and  Williamson — 57. 

The  original  ordinance  was  then  placed  upon  its  final 
passage. 

The  question  was  called  and  the  yeas  and  nays  demanded. 

The  ordinance  was  adopted  by  the  following  vote,  yeas  56, 
nays  39 : 

Those  who  voted  in  the  affirmitive  are  : 

Messrs.  Abbott,  Aydlott,  Barnes,  Blume,  Bradley,  Bryan, 
Carey,  Colgrove,  Etheridge,  Fisher,  Forkner,  Franklin,  French 
of  Bladen,  Galloway.  George,  Graham  of  Montgomery,  Grant 
of  Wayne,  Gully,  Gunter,  Hall,  Harris  of  Wake,  Heator>, 
Highsmith,  Hobbs,  Jones  of  Caldwell,  Kinney,  Legg,  Lennon, 
Long,  Mann,  Mayo,  Marshall,  McCubbins,  Merritt,  McDonald 


1868.]  CONTENTION  JOUENAL.  141 

of  Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican, 
Nance,  Newsom,  Patrick,  Pienson^Ragland,  Read,  Rich, 
Rodman,  Sanderlin,  Smith,  S  til  well,  Sweet,  Taylor,  Tucker, 
Turner,  "Watts  and  "Williamson — 56. 

Those  who  voted  in  the  negative  are : 

Messrs.  Andrews,  Baker,  Candler,  Cherry,  Congleton, 
Dowd,  Duckworth,  Ellis,  EppeSj.  French  of  Rockingham,  Fal- 
lings, Gahagan,  Glover,  Grant  ol  Northampton,  Hayes  ot 
Robeson,  Hayes  of  Halifax,  Hoffler,  Hollowell,  Hood,  Hyinan , 
Ing,  Jones  of  Washington,  King  of  Lenoir,  Lee,  Logan,  May, 
Nicholson,  Parker,  Parks,  Peterson,  Pool,  Ray,  Renfrow, 
Rhodes,  Rose,  Teague,  Trogden,  "Welker  and  Williams  of 
Wake— 39. 

Mr.  King,  of  Lincoln,  presented  a  resolution  asking  Con- 
gress to  amend  the  Bankrupt  law. 

Referred  to  the  Committee  on  the  Judicial  Department. 

At  the  request  of  a  delegate,  the  Hall  was  granted  to  the 
Conservative  Convention  for  the  evening. 

On  motion  of  Mr.  Heaton,  the  report  of  the  Committee  on 
Governor  and  other  necessary  State  Executive  officers,  as  re- 
ported by  the  Committee  of  the  Whole,  was  taken  up. 

The  first  section  was  read. 

Mr.  Heaton  moved  to  strike  out  the  word  "  two  "  and  insert 
"  three." 

Pending  which,  the  House  adjourned. 


THURSDAY,  February  6th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  H.  T.  Hudson. 

The  President  announced  a  quorum. 

The  Journal  of  "Wednesday  was  read  and  adopted. 

Mr.  Tourgee  arose  to  a  question  of  privilege,  and  desired 
the  following  protest  entered  on  the  Journal : 

Whereas,  We  consider  the  ordinance  entitled  "  an  ordinance 
for  the  relief  of  debtors,"  passed  by  a  vote  of  this  Convention 


142  CONVENTION  JOURNAL.  [Session 

yesterday,  as  entirely  inadequate  to  the  wants  of  the  people, 
invidious  and  unjust  in  its  distinctions  between  debtors, 
affording  no  relief  for  the  unfortunate  debtors  whose  old  debts 
have  been  renewed  since  May,  1865,  and  others  whose  present 
condition  is  equally  deplorable  and  equally  the  result  of  war ; 
and  that  it  also  opens  the  door  to  unlimited  fraud,  we  re- 
spectfully protest  against  this  action  of  the  Convention,  and 
ask  that  this  protest  be  spread  upon  the  Journal. 
(Signed,)  A.  W.  TOURGEE, 

jas.  a.  moore, 
g.  w.  welker, 
j.  w.  peterson, 
abraham  congleton, 
john  Mcdonald, 
jacob  ing. 

Mr.  Ray  presented  a  petition  for  divorce. 

Referred  to  the  Committee  on  the  Judicial  Department. 

The  Committee  on  Finance,  to  whom  was  referred  the  reso 
lution  of  Mr.  French,  of  Chowan,  relative  to  negotiating  a 
loan  to  pay  mileage,  respectfully  report  that  it  is  inexpedient 
to  act  upon  the  resolution,  and  ask  to  be  discharged  from  the 
further  consideration  thereof. 

JOS.  C.  ABBOTT,  Chairman. 

On  motion  the  report  was  accepted. 

The  Committee  on  Finance,  to  whom  was  referred  the  reso- 
lution of  Mr.  Williamson,  asking  Congress  for  the  loan  of 
money,  respectfully  report  back  the  resolution  without  recom- 
mendation ;  and  ask  to  be  discharged  from  the  further  consid- 
eration of  the  subject. 

JOS.  C.  ABBOTT,  Chairman. 

On  motion  the  report  was  accepted. 

The  Committee  on  Finance,  to  whom  was  referred  the  ordi- 
nance of  Mr.  Welker,  relative  to  the  liability  of  Banking  in- 
stitutions, report  that  it  is  inexpedient  to  act  upon  the  ordi- 


1868.]  CONVENTION  JOUKNAL.  143 

nance,  as  it  will  be  a  proper  subject  for  the  Legislature,  and 

the  further  consideration  thereof. 
JOS.  C.  ABBOTT,  Chairman. 


ask  to  be  discharged  from  the  further  consideration  thereof. 


■} 


On  motion,  the  report  was  accepted. 

The  Committee  report  that  in  accordadce  with  the  resolu- 
tion of  Mr.  Rich,  instructing  the  Committee  to  negotiate  a 
loan  of  five  hundred  dollars  for  contintent  expenses,  they  have 
taken  the  necessary  steps  to  comply  with  the  same. 

JOS.  C.  ABBOTT,  Chairman. 

On  motion,  the  report  was  adopted. 

The  Committee  on  Finance  reported  the  following  ordi- 
nance, which, 

On  motion,  was  adopted : 

Section  1.  Be  it  ordained  hy  the  people  of  North- Carolina, 
in  Convention  assembled,  That  for  the  purpose  of  raising 
moneys  to  pay  the  expenses  of  this  Convention,  according  to 
the  act  of  Congress  in  such  case  made  and  provided,  a  tax  of 
one-twentieth  of  one  per  cent,  shall  be  levied  on  the  land  in 
North-Carolina,  according  to  the  valuation  in  the  year  1860, 
subject  to  such  changes  therein  as  have  been  since  made  by 
law,  and  on  the  personal  property  within  said  State,  according 
to  the  valuation  thereof  to  be  made  in  the  year  1 868.  This  tax 
shall  be  collected,  paid  and  accounted  for  at  the  Treasury  of 
the  State,  at  the  time  when,  and  in  the  same  manner  as  other 
State  taxes  are,  hj  law,  required  to  be.  The  collecting  officer 
shall  be  subject  to  the  same  penalties  for  failure  to  collect, 
pay  and  account  for  the  taxes  hereby  levied,  as  they  now  are 
for  such  failure  in  respect  to  other  taxes. 

Sec.  2.  Be  it  further  ordained,  That  the  said  collecting 
officer  shall  receive  the  like  compensation  for  the  collection 
of  the  tax  hereby  levied  as  for  the  collection  of  other  taxes. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
be  ill  force  from  and  after  its  passage. 

The  yeas  and  nays  being  demanded,  resulted  yeas  92, 
nays  13. 

Those  who  voted  in  the  affirmitive  are : 


144  CONVENTION  JOURNAL.  [Session 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Chilson,  Colgrove,  Congleton,  Dickey,  Duckworth,  Eppes, 
Etheridge,  Fisher,  Forkner,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan,  Galloway,  Garland,  George,  Graham  of  Montgomery, 
Grant  of  Wayne,  Grant  of  Northampton,  Gully,  Gunter, 
Harris  of  Wake,  Harris  of  Franklin,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hoffler,  Hollo* 
well,  Flood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lafliii,  Lee, 
Legg,  Logan,  Long,  Mann,  May,  Mayo,  Marshall,  McCubbins, 
McDonald  of  Chatham,  McDonald" of  Moore,  Morton,  Mulli- 
can,  Murphy,  Nance,  Nicholson,-  Patrick,  Parker,  Parks, 
Petree,  Pierson,  Pool,  Raglancl,  Ray,  Read,  Renfrow,  Rhodes, 
Rich,  Rodman,  Rose,  Smith,  Stilw'ell,  Taylor,  Teague,  Tuck- 
er, Watts,  Williams  of  Wake  and  Williamson — 92. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Burham,  Ellis,  Graham  of  Orange,  Hall,  Holt, 
Lennon,  Merritt,  Moore,  Peterson,  Sanderlin,  Tourgee,  Tur- 
ner and  Welker— 13. 

Mr.  E.  W.  Jones,  ot  Washington,  introduced  an  ordinance 
amending  section  two  of  an  act  of  the  Legislature  of  1866-67, 
entitled  "  An  act  to  incorporate  the  town  of  Calumbia,  in  the 
County  of  Tyrrell." 

Referred  to  the  Committee  on  Towns  and  Counties. 

The  report  of  the  Committee  on  Corporations  was  received 
and  ordered  to  be  printed. 

Mr.  King,  of  Lenoir,  introduced  the  following  resolution  : 

Resolved,  That  the  Rule  of  Order,  No.  16,  be  suspended, 
and  that  all  reports  of  Committees  embracing  propositions 
pertaining  to  the  formation  of  a  Constitution  be  taken  up  each 
day  at  12  o'clock,  and  considered  in  Convention  for  its  final 
action,  instead  of  being  referred  to  the  Committee  of  the 
Whole. 

On  motion,  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Ragland  introduced  the  following  resolution  tor  relief: 


1868.]  CONVENTION  JOURNAL.  145 

Resolved,  That  the  Committee  appointed  to  confer  with 
General  Canby,  be  authorized  to  request  him  to  stay  the  ruin- 
ous executions  on  new  debts  contracted  since  the  1st  of  May, 
1865,  so  that  property  may  not  be  sacrificed  for  less  than  its 
Intrinsic  value,  and  make  an  order  to  that  effect,  for  the  tem- 
porary relief  of  the  people. 

On  motion,  the  rules  were  suspended, 

Mr.  Hood  moved  to  postpone  indefinitely. 

The  yeas  and  nays  were  demanded  and  resulted,  yeas  40, 
-nays  60 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Baker,  Candler,  Chillson,  Duckworth,  Durham, 
Ellis,  Etheridge,  French  of  Bladen,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Garland,  Graham  of  Orange,  Grant  of  Wayne, 
Grant  of  Northampton,  Hall,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Hodnett,  Hollowell,  Hood,  Hyman,  Jones  of  Wash- 
ington, Lennon,  Logan,  Long,  Marshall,  McCubbins,  Merritt, 
Murphy,  Nicholson,  Parker,  Petree,  Ray,  Renfrow,  Rhodes, 
Rose,  Sanderlin,  Tucker  and  Williams  of  Wake— 40. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Cherry,  Colgrove,  Congleton, 
Dickey,  Eppes,  Fisher,  Forkner,  Frankliu,  French  of  Rock- 
ingham, Galloway,  George,  Graham  of  Montgomery,  Gully, 
Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Heaton,  High- 
smith,  Hobbs,  Hoffier,  lug,  Jones  of  Caldwell,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg,  Mann,  May,  Mayo, 
McDonald  of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Nance,  Patrick,  Pool,  Ragland,  Rich,  Rodman, 
Stilwell,  Taylor,  Teague,  Tourgee,  Turner,  Watts,  Welker 
and  Williamson.— 60. 

The  resolution  was  not  postponed. 

Put  on  its  passsage  and  adopted. 

Mr.  Heaton  introduced  the  following  resolution  : 

Resolved,  That  the  President  of  this  Convention  is  hereby 
authorized  to  appoint  a  standing  Committee  of  ?three  on  revi- 
sion and  arrangement. 

10 


146  CONTENTION  JOURNAL.  [Session 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Turner  introduced  an  ordinance  in  relation  to  the 
validity  of  acts  of  this  Convention. 

Lies  over  under  the  rules. 

Leave  of  absence  was  granted  to  the  following  gentlemen  : 

Mr.  Sanderlin,  of  Curituck  for  5  days. 

Mr.  Galloway  from  Friday  12  o'clock  until  Monday,  A.  M. 

Mr.  Patrick  until  Wednesday. 

Mr.  Williamson  until  Tuesday. 

Mr.  Aydlott  until  Tuesday, 

Mr.  Carter  for  5  days. 

Mr.  Peterson  until  Monday  next. 

UNFINISHED    BUSINESS. 

Mr.  King's  resolution  respecting  the  action  of  the  Conven- 
tion was  withdrawn. 

Mr.  Mullican's  ordinance  declaring  that  honesty  and  good 
faith,  and  the  Constitution  of  the  United  States  requires  that 
contracts  shall  be  held  sacred,  was  taken  up,  and, 

On  motion,  was  indefinitely  postponed. 

The  following  resolution  of  Mr.  King  was  adopted  : 

Resolved,  That  rule  36  of  the  rules  of  order,  of  this  Con- 
vention be  amended,  by  striking  out  the  word  "  suspended  " 
in  line  1st  and  2d  of  said  rule,  and  also  by  striking  out  all  of 
rule  36  after  the  word  "  session  "  in  5th  line  of  said  rule. 

The  resolution  of  Mr.  Qunter  instructing  the  Committee  on 
Relief  to  report  an  ordinance  declaring  void  certain  contracts, 
&c,  was  taken  up,  and  referred  to  the  Committee  on  Relief. 

The  following  resolution  of  Mr.  Read  was  taken  up,  and 
adopted : 

Resolved,  That  on  to-morrow  and  thence  forward  the  Con- 
vention hold  two  sessions  daily  beginning  respectively  at  10 
o'clock,  A.  M.,  and  4  o'clock,  P.  M. 

Mr.  Parker's  resolution  respecting  the  sessions  of  the  Con- 
vention was  taken  up,  and, 

On  motion  was  tabled. 


1868.]  CONVENTION  JOURNAL.  147 

Mr.  Ellis's  resolution  in  reference  to  the  Reconstruction 
Acts  was  taken  up,  and, 

On  motion,  was  tabled. 

The  report  of  the  Committee  on  Suffrage  was  made  the 
special  order  for  Monday  next  at  12  o'clock. 

The  hour  of  12  having  arrived  the  house  proceeded  to  take 
up  the  report  of  the  Committee  on  a  Governor  and  other  ne- 
cessary State  Executive  officers,  as  reported  on  by  the  Com- 
mittee of  the  Whole. 

Section  1st  was  read. 

Mr.  Heaton  moved  to  strike  out  the  word  "  two  "  and  in- 
sert "  three." 

Mr.  Jones,  of  Washington,  moved  to  amend  by  striking  out 
the  word   "  two  "  and  inserting  the  word   "  four." 

The  yeas  and  nayes  were  demanded  and  resulted  yeas  61, 
nays  37. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Ashley,  Blume,  Bryan,  Carey,  Carter, 
Cherry,  Chillson,  Colgrove,  Congleton,  Dickey,  Duckworth, 
Eppes,  Ethericlge,  Fisher,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan,  Galloway,  Garland,  Graham  of  Montgomery,  Grant  of 
Northampton,  Gully,  Harris  of  Wake,  Harris  of  Franklin, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hood,  Hyman,  Ing,  Jones  of  Washington,  Kinney,  Lafiin 
Lee,Legg,  Logan,  Mann,  May,  Mayo,  Moore,  Murphy,  Nance, 
Nicholson,  Patrick,  Parker,  Parks,  Pierson,  Pool,  Ragland, 
Renfrow,  Rhodes,  Rodman,  Rose,  Sweet,  Taylor,  Tourgee, 
and  Williamson — 61. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Barnes,  Bradley,  Cox,  Ellis,  Forkner, 
George,  Gunter,  Hall,  Hobbs,  Hodnett,  Hoffler,  Hollowell, 
Jones  of  Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Long, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham,  Mc- 
Donald, of  Moore,  Morton,  Mullican,  Newsom,  Petree,  Ray, 
Read,  Sanderlin,  Smith,  Stilwell,  Teague  Trogden  Tucker, 
Turner,  Welker,  and  Williams  of   Wake — 37. 

The  section  as  amended  was  adopted. 


148  CONTENTION  JOURNAL.  [Session 

Section  2d  was  taken  up. 

Mr.  Tourgee  moved  to  amend  by  striking  ont  the  word 
"  six  "  and  inserting  "  eight,"  which  amendment  was  adop- 
ted. 

The  section  as  amended  was  then  adopted. 

Section  3d  was  read  and  adopted. 

Section  4th  was  read. 

Mr.  Tourgee  moved  to  amend  bv  striking  out  the  word 
''  execute  "  and  inserting  the  word  "  perform." 

The  amendment  was  adopted. 

Mr.  Forkner  moved  to  amend  by  inserting  after  the  word 
"  Constitution  "  the  words  "  and  laws." 

The  amendment  was  adopted. 

Mr.  Tourgee  moved  to  amend  by  striking  out  all  after  the 
word  "  elected." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

Sections,  5th,  6th,  7th,  8th,  9th,  10th,  11th,  12th,  13th,  14th, 
15th,  16th  and  17th,  were  taken  up  separately  and  adopted  as 
read. 

On  motion  of  Mr.  Heaton,  the  report  as  amended  was  or- 
dered to  be  engrossed  and  printed  for  a  final  reading  on  Fri- 
day at  12  oclock. 

The  report  of  the  Committee  on  Militia  as  reported  by  the 
Committee  of  the  Whole  was  taken  up. 

Sections  1st,  2d,  3d,  and  4th  were  read  and  adopted. 

On  motion  of  Mr.  Heaton,  the  report  was  ordered  to  be 
printed,  and  made  as  special  order  for  final  reading  and  pas- 
sage, on  Friday  at  12  o'clock,  M. 

The  petition  of  divorce  of  Ann  Underdue,  presented  by 
Mr.  Harris,  of  Wake,  was  taken  up,  and, 

On  motion,  was  referred  to  a  committee  of  three  to  be  ap- 
pointed by  the  Chair. 

The  resolution  introduced  by  Mr.  Harris,  of  Wake,  requir- 
ing immediate  action  on  the  Constitution,  and  a  bill  for  the 
relief  of  the  people,  was  taken  up,  and, 

On  motion,  was  laid  on  the  table. 


1868.]  CONVENTION  JOURNAL.  149 

The  resolution  introduced  by  Mr.  Harris,  of  "Wake,  provi- 
ding means  of  Relief,  was, 

On  motion,  indefinitely  postponed. 

On  motion  the  report  of  the  Committee  on  a  Preamble  and 
Bill  of  Eights  was  made  a  special  order  for  Saturday  at  12 
o'clock,  M. 

The  resolution  of  Mr.  Congleton,  in  reference  to  immediate 
action  on  the  Constitution  and  Bill  of  Bights,  was, 

On  motion,  laid  on  the  table. 

The  resolution  of  Mr.  Teague,  "  instructing  the  Committee 
of  three  to  enquire  of  General  Canby  how  far  he  will  recog- 
nize Legislation  by  the  Convention,"  was, 

On  motion,  laid  on  the  table. 

The  following  Ordinance  of  Mr.  Duckworth  was  adopted : 

Be  it  ordained by  the  people  of  North- Carolina  in  Conven- 
tion assembled',  That  William  D.  Justus,  Sheriff  of  Hender- 
son County,  be  allowed  two  years  from  the  first  day  of  Jan- 
uary 1868,  to  collect  arrears  of  taxes  due  for  the  year  1866. 

On  motion  the  house  adjourned. 


FRIDAY,  February  7th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  J.  W.  Hood. 

The  President  announced  a  quorum. 

The  Journal  of  Thursday  was  read  and  approved. 

Leave  of  absence  was  granted, 

Mr.  Dowd  until  Tuesday  next. 

Mr.  Rose  until  Monday  next. 

Mr.  Read  until  Wednesday  next. 

Mr.  Rodman  presented  a  petition  of  divorce  from  John 
Roberts. 

Referred  to  the  Committee  on  the  Judicial  Department. 

On  motion,  the  report  of  the  Committee  on  Relief,  was  re- 
committed to  that  Committee. 


150  CONVENTION  JOURNAL.  [Session 

The  following  report  of  the  Committee  on  relief  from  disa- 
bilty,  was  received  : 

We,  the  Committee  appointed  in  accordance  with  a  resolu- 
tion of  this  Convention,  to  gather  such  information  as  will 
enable  us  to  report  a  list  of  persons  who  may  be  presented  to 
Congress  to  be  relieved  from  political  disability,  most  respect- 
fully report  the  following,  viz  : 

That  the  delegates  be  invited  to  send  to  the  Chairman  of 
the  Committee  the  names  of  persons  who  are  in  hearty  accord 
with  the  Reconstruction  Acts  of  Congress,  whom  they  con- 
sider worthy  of  recommendation  from  disability,  with  a  brief 
history  ol  each  person  thus  recommended,  since  May,  1861. 


J. 

W.  HOOD, 

w 

.  NICHOLSON, 

G. 

W.  GAHAGAN 

R. 

W.  KING, 

C. 

C.  JONES, 

A. 

W.  TOURGEE, 

S. 

FORKNER. 

On  motion,  the  report  was  accepted. 

Mr.  Durham  moved  to  lay  the  report  on  the  table,  and  de- 
manded the  yeas  and  nays. 

The  motion  was  lost  by  the  following  vote,  yeas  11,  nays  88 : 

Those  who  voted  in  the  affirmitive  are  : 

Messrs.  Durham,  Ellis,  Etheridge,  Graham  of  Orange,  Hare, 
Hocmett,  Hoffler,  Holt,  Lennon,  Marshall  and  Merritt — 11. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Blume,  Bradley, 
Bryan,  Carey,  Candler,  Chilson,  Colgrove,  Congleton,  Cox, 
Daniel,  Dickey,  Duckworth,  Eppes,  Forkner,  Franklin,  French 
of  Bladen,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Garland,  George,  Glover,  Graham  of  Mont- 
gomery, Grant  of  Wayne,  Grant  of  Northampton,  Gunter,  Har- 
ris of  Wake,  Harris  of  Franklin,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsrnith,  Hobbs,  Hollowell,  Hood,  Hyinan, 
lug,  Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lanin,  Lee,  Legg,  Logan,  Long,  Mann, 


1868.]  CONVENTION  JOURNAL.  151 

May,  Mayo,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mnllican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Kay, 
Renfrow,  Rhodes,  Rodman,  Rose,  Smith,  Stilly,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner, 
Watts,  Welker  and  Williams  of  Wake— 8S. 

Mr.  Hood  moved  the  adoption  of  the  report  and  called  the 
previous  question. 

The  yeas  and  and  nays  were  demanded,  and  the  report  was 
adopted  by  the,  following  vote,  yeas  86,  nays  9  : 

Those  who  voted  in  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bradley,  Bryan,  Carey,  Candler,  Chillson,  Colgrove,  Congleton, 
Cox,  Dickey,  Duckworth,  Eppes,  Forkner,  Franklin,  French  of 
Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Garland, 
George,  Glover,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gunter,  Harris  of  Wake,  Harris  of 
Franklin,  Hayes  ot  Robeson,  Flayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Cald- 
well, Jones  of  Washington,  King  of  Lenoir,  Kinney,  Laflin, 
Lee,  Legg,  Logan,  Long,  Mann,  May,  Mayo,  McDonald  of 
Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican, 
Murphy,  Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree, 
Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rod- 
man, Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague, 
Tourgee,  Trogden,  Tucker,  Watts,  Welker  and  Williams  of 
Wake— 86. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Etheridge,  Graham  of  Orange,  Hall,  Hare, 
Hodnett,  Hoffler,  Holt,  and  Merritt— 9. 

Mr.  Morton  introduced  the  following  resolution  : 

Resolved,  That  the  President  of  this  Convention  order  a 
copy  of  the  relief  bill  to  be  sent  to  the  sheriffs,  the  County 
and  Superior  Court  Clerks,  of  each  County  in  the  State. 

On  motion,  the  rules  were  suspended,  and  the  resolution 
adopted. 

On  motion,  the  report  of  the  Committee  on  Finance,  to 
whom  was  referred  the  ordinance   of  Mr.  Welker  reo-ardins: 


152  CONTENTION  JOURNAL.  [Session* 

the  liabilities  of  Banks,  was  considered  and  the  ordinance  was 
placed  on  the  Calendar. 

On  motion,  the  vote  taken  yesterday  on  the  resolution  of 
Mr.  Read  in  regard  to  the  sessions  of  this  Convention,  was- 
reconsidered. 

Mr.  Harris,  of  Wake,  moved  that  the  Convention  meet  at 
10  o'clock,  A.  M.,  and  T§  P.  M.,  which  motion  was  not  sus- 
tained. 

The  yeas  and  nays  were  demanded,  and  resulted  yeas  42,.. 
nays  58. 

Those  who  voted  in  the  affirmative  are: 

Messrs.  Andrews-,  Ashley,  Aydlott,  Barnes^  Blume,  Bryan?, 
Chillson,  Congleton,  Duckworth,  Forkner,  Franklin,  Gar- 
land, George,  Graham  of  Montgomery,  Graham  of  Orange,. 
Grant  oi  Wayne,  Grant  of  Northampton,  Gunter,  Harris  of 
Wake,  Hayes  of  Halifax,  Hood,  Hyman,  J^nes  of  Wash- 
ington, King  of  Lincoln,  Long,  Mann,  McCubbins,  McDonald 
of  Chatham,  McDonald  of  Moore,  Moore,  Nicholson,  Parker,, 
Parks,  Petree,  Raglancl,  Read,  Smith,  Stilly,  Teague,  Tour- 
gee,  Welker  and  Williamsof  Wake — 42. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Bradley,  Candler,  Cherry,  Cox,  Daniel... 
Dickey,  Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  French 
of  Bladen,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Glover,  Hall,  Hare,  Hayes  of  Robeson,  Heaton,. 
Highsmith,  Hobbs,  Hodnett,  Honker,  Hollowell,  Holt,  Ing, 
Jones  of  Caldwell,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg,. 
Lennon,,  Logan,  May,  Mayo,  Marshall,  Merritt,  Mullican,  Mur- 
phy, Newsom,  Pierson,  Pool,  Ray,  Renfrow,  Rhodes,  Rod- 
man, Rose,  Stilwell,  Sweet,  Taylor,  Trogden,  Tucker,  Turner 
and  Watts— 38. 

Mr.  Pool  introduced  an  ordinance  amending  an  act  of  the 
General  Assembly. 

Referred  to  the  Committee  on  Relief, 

The  resolution  of  Mr.  Congleton,  asking  Congress  for  a  loan 
of  money,  was  taken  up  and  discussed. 

Mr.  Watts  moved  to  strike  out  the  words,  "  of  ten  millions 


1868.]  CONTENTION  JOURNAL.  i'53 

of  dollars  or  what  sum,"  and  strike  out  "amount,"  and  insert 
"loan." 

The  following  Committee  was  appointed  to  report  on  a 
petition  of  divorce  presented  by  Mr.  Harris,  of  Wake  : 

Messrs.  Harris  of  Wake,  Merritt  and  Fisher. 

The  report  of  the  Committee'  on  Legislature  was  accepted., 
and  ordered  to  be  printed. 

The  hour  of  12  having  arrived,  the  House  proceeded  to  the 
final  reading  aud  passage  of  the  following  report  of  the  Com- 
mittee  on  a  Governor  and  other  necessary  State  Executive- 
Officers. 

EXECUTIVE  DEPARTMENT. 

Section  1.  The  Executive  Department  shall  consist  of  a 
Governor,  in  whom  shall  be  vested  the  supreme  executive 
power  of  the  State,  a  Lieutenant  Governor,  a  Secretary  of 
State,  an  Auditor,  a  Treasurer,  a.  Superintendent  of  Public 
Works,  a  Superintendent  of  Public  Instruction,  and  an  At- 
torney General,  who  shall  be  elected  for  a  term  of  four  years, 
by  the  qualified  electors  of  the  State,  at  the  same  times  and 
places,  and  in  the  same  manner^  as  members  of  the  General 
Assembly  are  elected.  Their  term  of  office  shall  commence- 
on  the  first  day  of  January  next  after  their  election,  and  con- 
tinue until  their  successors  are  elected  and  qualified :  Pro- 
vided, That  the  officers  first  elected  shall  assume  the  duties- 
of  their  office  ten  days  after  the  approval  of  the  Constitution! 
by  the  Congress  of  the  United  States,  and  shall  hold  their 
offices  for  four  years,  from  and  after  the  first  day  of  January,, 
1869. 

Sec.  2.  No  person  shall  be  eligible  as  Governor  or  Lieuten- 
ant Governor,  unless  he  shall  have  attained  the  age  of  thirty- 
years,  shall  have  been  a  citizen  of  the  United  States  for  five- 
years,  and  shall  have  been  a  resident  of  this  State  for  two 
years,  next  before  the  day  of  election  ;  nor  shall  the  person- 
elected  to  either  oi  these  two  offices  be  eligible  to  the  same 
more  than,  tour  years  in  any  term  of  eight  years,  unless  the- 


154  CONVENTION"  JOURNAL.  [Session 

office  shall  have  been  east  upon  him  as  Lieutenant  Governor 
or  President  of  the  Senate. 

Sec.  3.  The  return  of  every  election  for  officers  of  the  Ex- 
ecutive Department  shall  he  sealed  up  and  transmitted  to  the 
seat  of  Government  by  the  returning  officers,  directed  to  the 
Speaker  of  the  House  of  Commons,  who  shall  open  and  pub- 
lish the  same  in  the  presence  of  a  majority  of  the  members  of 
both  Houses  of  the  General  Assembly.  The  persons  having 
the  highest  number  of  votes  respectively,  shall  be  declared 
duly  elected ;  but  if  two  or  more  be  equal  and  highest  in 
votes  for  the  same  office,  then  one  of  them  shall  be  chosen  by 
joint  ballot  of  both  Houses  of  the  General  Assembly.  Con- 
tested elections  shall  be  determined  by  a  joint  ballot  of  both 
Houses  of  the  General  Assembly,  in  such  manner  as  shall  be 
prescribed  by  law. 

Sec.  4.  The  Governor,  before  entering  upon  the  duties  of 
his  office,  shall,  in  the  presence  of  the  members  of  both  branches 
of  the  General  Assembly,  or  before  any  Justice  of  the  Supreme 
Court,  take  an  oath  or  affirmation,  that  he  will. support  the 
Constitution  and  laws  of  the  United  States,  and  of  the  State 
of  North-Carolina ;  that  he  will  faithfully  perform  the  duties 
appertaining  to  the  office  of  Governor,  to  which  he  has  been 
elected. 

Sec  5.  The  Governor  shall  reside  at  the  seat  of  Govern- 
ment of  this  State,  and  shall,  from  time  to  time,  give  the  Gen- 
eral Assembly  information  of  the  affairs  of  the  State,  and  re- 
commend to  their  consideration  such  measures  as  he  shall 
deem  expedient. 

Sec  6.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons,  after  conviction,  for  all  offences, 
(except  in  cases  of  impeachment,)  upon  such  conditions  as  he 
may  think  proper,  subject  to  such  regulations  as  may  be  pro- 
vided by  law  relative  to  the  manner  of  applying  for  pardons. 
He  shall  annually  communicate  to  the  General  Assembly  each 
case  of  reprieve,  commutation  or  pardon  granted,  stating  the 
name  of  the  convict,  the  crime  for  which  he  was  convicted*, 
the  sentence  and  its  date,  and  the  date  of  commutation,  par- 
don or  reprieve,  and  the  reasons  therefor. 


1868.]  CONVENTION  JOUBNAL.  155 

Sec.  7.  The  officers  of  the  Executive*  Department  and  of 
the  public  institutions  of  the  State,  shall,  at  least  five  days 
previous  to  each  regular  session  of  the  General  Assembly, 
severally  report  to  the  Governor,  who  shall  transmit  such  re- 
ports, with  his  message,  to  the  General  Assembly ;  and  the 
Governor  may,  at  any  time,  require  information  in  writing, 
from  the  officers  of  the  Executive  Department,  upon  any  sub- 
ject relating  to  the  duties  of  their  respective  offices,  and  shall 
take  care  that  the  laws  be  faithfully  executed. 

Sec.  8.  The  Governor  shall  be  Commander-in-Chief  of  the 
militia  of  the  State,  except  when  they  shall  be  called  into  the 
service  of  the  United  States. 

Sec  9.  The  Governor  shall  have  power,  on  extraordinary 
occasions,  by  and  with  the  advice  of  the  Council  of  State,  to 
convene  the  General  Assembly  in  extra  session,  by  his  procla- 
mation, stating  therein  the  purpose  or  purposes  for  which  they 
are  thus  convened. 

Sec  10.  The  Governor  shall  nominate,  and,  by  and  with 
the  advice  and  consent  of  a  majority  of  the  Senators  elect, 
appoint  all  officers  whose  offices  are  established  by  this  consti- 
tution, or  which  may  be  created  by  law,  and  whose  appoint- 
ments are  not  otherwise  provided  for,  and  no  such  officer  shall 
be  appointed  or  elected  by  the  General  Assembly. 

Sec  11.  The  Lieutenant-Governor  shall,  by  virtue  of  his 
office,  be  President  of  the  Senate,  but  shall  have  no  vote  un- 
less the  Senate  be  equally  divided.  He  shall,  whilst  acting 
as  President  of  the  Senate,  receive  for  his  services  the  same 
pay  which  shall,  for  the  same  period,  be  allowed  the  Speaker 
of  the  House  of  Commons,  and  he  shall  receive  no  other  com- 
pensation except  when  he  is  acting  as  Governor. 

Sec  12.  In  case  of  the  impeachment  of  the  Governor,  his 
failure  to  qualify,  his  absence  from  the  State,  his  inability  to 
discharge  the  duties  of  his  office,  or  in  case  the  office  of  Gov- 
ernor shall,  in  anywise  become  vacant,  the  powers,  duties,  and 
emoluments  of  the  office  shall  devolve  upon  the  Lieutenant- 
Governor  until  the  disabilities  shall  cease,  or  anew  Governor 
shall  be  elected  and  qualified.  In  every  case  in  which  the 
Lieutenant-Governor  shall  be  unable  to  preside  over  the  Sen^ 


156  CONTENTION  JOIJKNAL.  [Session 

ate,  the  Senators  shall  elect  one  of  their  own  number  Presi- 
dent of  their  body;  and  the  powers,  duties  and  emoluments 
of  the  office  of  Governor  shall  devolve  upon  him,  whenever 
the  Lieutenant-Governor  shall,  for  any  reason  be  prevented 
from  discharging  the  duties  of  such  office  as  above  provided, 
and  he  shall  continue  as  acting  Governor  until  the  disabilities 
be  removed  or  a  new  Governor  or  Lieutenant-Governor  shall 
be  elected  and  qualified.  Whenever,  during  a  recess  of  the 
General  Assembly,  it  shall  become  necessary  for  a  President 
of  the  Senate  to  administer  the  government,  the  Secretary  of 
State  shall  convene  the  Senate,  that  they  may  elect  such 
President. 

Sec.  13.  The  respective  duties  ot  the  Secretary  of  State, 
Auditor,  Treasurer,  Superintendent  of  Public  Works,  Su- 
perintendent of  Public  Instruction  and  Attorney  General  shall 
be  prescribed  by  law.  If  the  office  of  any  of  said  officers  shall 
be  vacated  by  death,  resignation,  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  appoint  another  until  the  disabilities 
be  removed,  or  a  successor  be  elected  and  qualified.  Every 
such  vacancy  shall  be  filled  by  election  at  the  first  general 
election  that  occurs  more  than  thirty  days  after  the  vacancy 
has  taken  place,  and  the  person  chosen  shall  hold  the  office 
for  the  remainder  of  the  unexpired  term  fixed  in  the  first  isec- 
tion  of  this  article. 

Sec.  14.  The  Secretary  of  State,  Auditor,  Treasurer,  Super- 
intendent of  Public  Works,  and  Superintendent  of  Public 
Instructions,  shall  constitute,  ex  officio,  the  Council  of  State, 
who  shall  advise  the  Governor  in  the  execution  of  his  office, 
and  three  of  whom  shall  constitute  a  quorum ;  their  advice 
and  proceedings,  in  this  capacity,  shall  be  entered  in  a  journal, 
to  be  kept  for  this  purpose  exclusively,  and  signed  by  the 
members  present,  against  any  part  of  which  any  member  may 
enter  his  dissent,  and  such  journal  shall  be  placed  before  the 
General  Assembly  when  called  for  by  either  House.  The 
Attorney  General  shall  be  ex  officio,  the  legal  adviser  of  the 
Executive  Department. 

Sec.  15.  The  officers  mentioned  in  this  article  shall,  at  stated 
periods,  receive  for  their  services  a  compensation,  to  be  estab- 


1868.]  CONVENTION  JOURNAL.  157 

lislied  by  law,  which  shall  neither  be  increased  nor  diminished 
during  the  time  for  which  they  shall  have  been  elected ;  and 
the  said  officers  shall  receive  no  other  emolument  or  allowance 
whatever. 

Sec.  16.  There  shall  be  a  seal  of  the  State,  which  shall  be 
kept  by  the  Governor,  and  used  by  him,  as  occasion  may  re- 
quire, and  shall  be  called  "  The  Great  Seal  of  the  State  of 
North-Carolina."  All  grants  and  commissions  shall  be  issued 
in  the  name,  and  by  the  authority  of  the  State  of  North-Car- 
olina, sealed  with  "  The  Great  Seal  of  State,"  signed  b}7  the 
Governor,  and  countersigned  by  the  Secretary  of  State. 

Sec.  17.  There  shall  be  established  in  the  office  of  Secre- 
tary of  State  a  Bureau  of  Statistics,  of  Agriculture  and  of 
Immigration,  under  such  regulations  as  the  General  Assembly 
may  provide. 

Section  1st  was  read. 

Mr.  Graham  moved  to  amend  by  striking  out  "  Lieutenant- 
Governor,  Superintendent  of  Public  "Works,  Superintendent 
of  Public  Instruction  and  Attorney  General." 

The  yeas  and  nays  were   demanded,  and  the   amendment 
was  lost  by  the  following  vote,  yeas  13,  nays  86  : 
Those  who  voted  in  the  affirmative  are  : 
Messrs.  Durham,  Ellis,  Etheridge,  Graham  of  Orange,  Hall, 
Hare,  Hodnett,  Holt,  Lennon,  Marshall,  McCubbins,  Merritt 
and  Newsom — 13. 

Those  who  voted  in  the  negative  are  ; 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Blume,  Bradly,  Bryan,  Carey,  Candler,  Cherry,  Congleton, 
Cox,  Daniel,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Fullings,  Gahagan,  Garland,  George,  Glover, 
Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of  North- 
ampton, Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hayes 
of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs, 
Hoffler,  Hood,  Flyman,  Ing,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laftin, 
Lee,  Legg,  Logan,  Long,  May,  Mayo,  McDonald  of  Chatham, 
McDonald    of   Moore,    Moore,    Morton,    Mullican,   Nance, 


158  CONTENTION  JOURNAL.  [Session 

Nicholson,  Parker,  Petree,  Pierson,  Pool,  Ragland,  Ray, 
Read,  Renfrow,  Rliodes,  Rose,  Smith,  Stilly,  Stilwell,  Sweet, 
Taylor,  Teagne,  Tonrgee,  Trogden,  Tucker,  Turner,  Watts, 
"Welter  and  Williams  of  Wake — 86. 

Mr.  Tourgee  moved  to  amend  by  substituting  the  word 
"  this  "  for  the  word  "  the  "  before  Constitution  on  the  14th 
line. 

The  amendment  was  adopted. 

Mr.  Durham  moved  to  strike  out  the  word  "  four  "  and  in- 
sert "  two." 

The  motion  was  not  sustained. 

Mr.  Ashley  moved  the  adoption  of  the  section  as  amended, 
and  called  the  previous  question. 

The  call  was  sustained. 

The  yeas  and  nays  were  demanded  and  resulted  yeas  77 
nays  26. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bryan,  Carey,  Cherry,  Chillson,  Congleton,  Cox,  Dickey, 
Duckworth,  Eppes,  Fisher,  Forker,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Garland,  George,  Glover,  Graham  of  Montgomery, 
Grant  of  Wayne,  Grant  of  Northampton,  Harris  of  Franklin, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Fleaton,  Highsmith, 
Hobbs,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lenoir,  Kinney,  Lafiin,  Lee,  Legg, 
Logan,  Long,  Mann,  May,  Mayo,  McDonald  of  Moore,  Moore, 
Mullican,  Murphy,  Nance,  Nicholson,  Parker,  Parks,  Pier- 
son  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rodman, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teagne,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts  and  Welker — 77. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Bradley,  Candler,  Daniel,  Durham,  Ellis,  Etheridge, 
Graham  of  Orange,  Gunter,  Hall,  Hare,  Hodnett,  Hoffier, 
Hollowell,  Holt,  King  of  Lincoln,  Lennon,  Marshall,  McCub- 
bins,  Merritt,  McDonald  of  Chatham,  Morton,  Newsom, 
Petree,  Rich,  Smith,  and  Williams  of  Wake — 26. 

The  section  as  amended  was  adopted. 


186S.]  CONVENTION  JOURNAL.  159 

Section  2d  was-  read  and  put  upon  its  final  passage. 

Mr.  Durham  offered  to  amend  so  as  to  require  the  Gover- 
nor and  Lieutenant  Governor  to  have  been  a  citizen  of  the 
United  States  twenty  years,  and  a  citizen  of  North-Carolina 
five  years  and  shall  be  able  to  read  and  write. 

The  yeas  and  nays  were  demanded  and  the  amendment  was 
lost  by  the  following  vote. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bradley,  Durham,  Ellis,  Graham  of  Orange,  Hall, 
Hare,  Hodnett,  Homer,  Hollowell,  Holt,  Lennon,  Marshall, 
McOubbins  and  Merritt — 14. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bryan,  Carey,  Candler,  Cherry,  Chilson,  Congleton,  Cox, 
Dickey,  Duckworth,  Eppes,  Fisher,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Garland,  George,  Graham  of  Montgomery,  Grant, 
of  Wayne,  Grant  of  Northampton,  Gunter,Harris  of  Frank- 
lin, Hayes,  of  Robeson,  Hayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lincoln,  Kinney,  Laflin,  Logan  Long, 
Mann,  Mayo,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Read, 
Renfrew,  Rhodes,  Rich,  Rodman,  Smith,  Stilly,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner, 
Watts,  Welker  and  Williams  of  Wake— 81. 

Mr.  Holt  moved  to  amend  by  inserting  "  be  required  to  have 
a  free-hold  in  the  State  of  the  value  of  two  thousand  dollars."' 

The  yeas  and  nays  were  demanded  and  the  amendment  was 
lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmitive  are  : 

Messrs.  Bracllev,  Daniel,  Durham,  Ellis,  Graham  of  Orange, 
Hall,  Hare,  Hodnett,  LI  olio  well,  Holt,  Lennon,  Marshall, 
McCubbins,   Merritt  and  Rich — 15. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews^  Ashley,  Blume,  Bryan,  Carey, 
Candler,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Ethe- 


160  CONVENTION  JOURNAL.  [Session 

ridge,  Forkner,  Franklin,  French  of  Bladen,  French  of  Rock- 
ingham, French  of  Chowan,  Fullings,  Gahagan,  Garland, 
George,  Glover,  Grant  of  Wayne,  Grant  o±  Northampton, 
Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hayes  ot  Rob- 
eson, Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hoffier, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington, 
King  of  Lincoln,  Kinney,  Lafiin,  Lee,  Logan,  Long,  Mann, 
May,  Mayo,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Mullican,  Murphy,  Nance,  Nevvsom,  Nicholson, 
Patrick,  Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Ray, 
Read,  Renfrow,  Rhodes,  Rodman,  Smith,  Stilly,  Stilwell, 
•Sweet,  Taylor,  Teague,  Tourgee  Trogden,  Tucker,  Turner,' 
Watts,  Welker  and  Williams  of  Wake— 80. 

Mr.  Ashley  moved  the  adoption  of  section  2d,  as  read  and 
•called  the  previous  question  which  was  sustained  and  the  sec- 
tion was  adopted. 

Section  3d  was  read  and  adopted. 

Section  4th  was  read. 

Mr.  Graham  moved  to  strike  out  the  word  "  laws  "  on  the 
5th  line. 

The  yeas  and  nays  was  demanded,  and  the  motion  was  lost 
bj  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Bradley,  Cherry,  Daniel,  Durham, 
Ellis,  Etheridge,  Fisher,  French  of  Bladen,  George,  Graham 
of  Orange,  Grant  of  Wayne,  Hall,  Hare,  Harris  of  Wake, 
Harris  of  Franklin,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hodnett,  Hollowell,  Holt,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lincoln,  Laflin,  Lennon,  Logan,  Mar- 
shall, Merritt,  Moore,  Parker,  Pierson,  Read,  Rhodes,  Rich, 
Rodman,  Stilly,  Sweet,  and  Taylor — -±2. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Barnes,  Blume,  Bryan,  Carey,  Candler, 
Chillson,  Congleton,  Cox,  Dickey,  Duckworth,  Forkner, 
Franklin,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Garland,  Glover,  Graham  of  Montgomery, 
Gunter,    Hayes  of   Robeson.,    Flood,  Hyman,  Ing,  Kinney, 


1868.]  CONVENTION  JOURNAL.  161 

Long,  Mann,  May,  Mayo,  McCubbins,  McDonald  of  Chatham, 
McDonald  of  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Nicholson,  Parks,  Pctree,  Pool,  Ragland,  Renfrew, 
Smith,  Stillwell,  Teague,  Tourgee,  Trogden,  Tucker,  Turner, 
Watts,  Welker  and  Williams  of  Wake— -51. 

Sections  4th,  5th,  6th,  7th,  8th,  9th,  and  1  Oth  were  read  and 
adopted. 

Mr.  Rich  moved  to  insert  a  section  relative  to  the  veto 
power. 

Mr.  Ashley  moved  to  lay  the  section  on  the  table, 

Mr.  Andrews  moved  to  adjourn, 

The  motion  was  not  sustained. 

Mr.  Ashley  renewed  his  motion,  to  lay  on  the  table,  which 
motion  was  sustained. 

Section  11th  was  read. 

Mr.  Tourgee  moved  to  amend  by  striking  out  "  by  virtue 
of  his  office." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

Section  12th  was  taken  up. 

Mr.  Rodman  moved  to  amend  by  striking  out  the  words, 
"  Impeachment  of  the  Governor  "  on  1st  and  2d  lines,  and  in- 
sert "  Conviction  of  the  Governor  on  Impeachment." 

The  amendment  was  lost, 

The  section  as  read,  was, 

On  motion,  adopted. 

The  following  Committee  was  appointed  by  the  Chair,  on 
Re-districting  the  State '. 

1st  District,  Lafim, 

2d  District,  Etheridge, 

3d  District,  Eisher, 

4th  District,  Harris,  of  Wake, 

5th  District,  Trogden, 

6th  District,  Hobbs, 

7th  District,  Logan. 

Section  13th  of  the  Executive  Department  wag  taken  tip, 
and, 

On  motion,  was  adopted 
11 


162  CONVENTION  JOURNAL.  [Session 

Section  14th  was  read. 

Mr.  Rich  moved  to  strike  out  "  ex  offici  o,"  in  the  3d  and 
12th  lines. 

The  motion  did  not  prevail. 

Mr.  Tourgee  moved  to  strike  out  "  against "  and  insert 
"  from  "  on  9th  line. 

The  amendment  was  sustained,  and  the  section  as  amended 
was  adopted. 

Section  15th  was  read  and  adopted. 

Section  16th  was  read  and  adopted. 

Section  17th  was  read. 

Mr.  Rich  moved  to  amend  by  striking  out  the  word  "  of ' 
before  agriculture  and  immigration. 

The  amendment  was  carried. 

The  section  as  amended  was  adopted. 

Mr.  Durham  offered  the  following  as  section  18th: 

Sec.  18.  No  person  of  African  descent  or  of  mixed  blood, 
shall  be  eligible  to  the  office  of  Governor,  Lieutenant  Gover- 
nor, or  any  other  Executive  office. 

The  section  was  put  to  the  House  and  the  yeas  and  nays 
were  demanded. 

The  section  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Durham,  Ellis,  Etheridge,  Graham  of  Orange, 
Hall,  Hare,  Holt,  Lennon,  Marshall,  McCubbins,  and  Her- 
ritt— 11. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Barnes,  Blume,  Bradley,  Bryan, 
Carey,  Candler,  Cherry,  Chillson,  Congleton,  Cox,  Dickey, 
Duckworth,  Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Garland,  George,  Graham  of  Montgomery,  Grant  of 
Wayne,  Grant  of  Northampton,  Gunter,  Harris  of  "Wake, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hollowell,  Hood,  Hyman  Ing,  Jones,  of  Caldwell, 
Jones,  of  Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee, 
Legg,  Logan,  Long,  Mann,  May,  Mayo,  McDonald  of  Chat- 
ham, McDonald,  of  Moore,  Moore,  Mullican,  Murphy,  Nance, 


1868.]  CONTENTION  JOURNAL.  163 

Newsom,  Nicholson,  Parker,  Parks,  Petree,  Pierson,  Pool, 
Ragland,  Kay,  Read,  Renfrow,  Rhodes,  Rich,  Rodman, 
Smith,  Stilly,  S  til  well,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker  and  Williams  of  Wake — 83. 
On  motion  the  House  adjourned. 


SATURDAY,  February  8th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Logan. 

The  President  announced  a  quorum. 

The  Journal  of  Friday  was  read  and  approved. 

Mr.  McDonald,  of  Moore,  presented  a  petition  of  divorce. 

Referred  to  a  special  committee  of  three  on  divorces. 

Mr.  Abbott  presented  a  petition  for  "  relief"  from  Mr. 
Pearsall,  of  Duplin  County. 

Refered  to  the  Committee  on  the  Judicial  Department. 

Mr.  Legg  presented  a  petition  for  relief  from  Cooper 
Huggins,  of  Wilmington,  North-Carolina. 

Referred  to  the  Committee  of  three  to  confer  with  General 
Canby. 

The  Committee  on  Privileges  and  Elections,  to  whom  was 
referred  the  case  of  the  election  in  the  district  composed  of 
the  Counties  of  Alleghany,  Ashe,  Surry,  Yadkin  and  Watau- 
ga, respectfully  report. 

That  by  the  official  report  John  M.  Marshall  received  1123 
votes,  while  John  G.  Marler,  who  at  present  holds  a  seat  in 
this  Convention,  received  1030  votes  ;  thereby  entitling  Mar- 
shall to  a  seat.  The  Committee  therefore  recommend  that 
the  Secretary  oi  this  Convention  ask  the  attention  of  Major- 
General  Canby  to  those  facts,  and  if,  on  examination  the 
record  be  as  appears,  to  admit  the  said  John  Mr.  Marshall  to 
his  seat.  The  Committee  also  report  that  there  were  155 
votes  reported  for  James  G.  Marler  and  also  110  votes  report- 
ed for  Marion  Marshall,  and  ask  General  Canby's  attention  to 
the  same. 

On  motion  the  report  was  accepted. 


164  COKYENTIOK  JOURNAL.  [Session 

The  Committee  on  Privileges  and  Elections,  also  reported 
on  the  election  in  Sampson  County. 

Mr.  Durham  moved  to  lay  the  report  on  the  table* 

The  motion  was  not  sustained. 

On  motion  of  Mr.  Pool,  the  report  was  recommitted  to 
the  Committee  on  Privileges  and  Elections  with  instructions 
to  send  for  persons  and  papers. 

The  Committee  on  Enrollment  respectfully  report  that  they 
have  examined  the  ordinance  entitled  "an  ordinance  reducing 
the  amount  of  bonds  authorized  to  be  issued  by  the  "Wil- 
mington Charlotte  and  Rutherford  Rail  Road  Company,"  and 
find  it  to  be  properly  enrolled. 

C.  C.  POOL,  Chairman* 

On  motion  the  report  was  accepted. 

Mr.  C.  C.  Jones,  Chairman  of  the  Committee  on  Home- 
steads, to  whom  was  referred  the  ordinance  of  Mr  Franklin, 
of  "Wake,  "  for  the  relief  of  the  people,"  reports  that  the  Com- 
mittee have  considered  the  ordinance  in  connection  with  their 
report  on  Homestead  and  beg  to  be  discharged. 

On  motion  the  report  was  accepted,  and  the  Committee 
discharged  from  a  further  consideration  of  the  subject. 

Mr.  Jones,  Chairman  of  the  Committee  on  Homesteads  re- 
ported. 

The  report  was  accepted. 

The  report  of  the  Committee  on  the  Judicial  Department 
was  received  and  made  a  special  order  for  Tuesday  at  11 
o'clock. 

Leave  of  absence  was  granted 
Mr.  McCubbins  until  Monday  next. 
Mr.  Holt  until  Tuesday  next. 
Mr.  Baker  until  "Wednesday  next. 
Mr.  Sweet  introduced  the  following  resolution  : 
Resolved,  That  the  following  rule  be  adopted  as  Rule  41, 
of  the  rules  regulating  the  proceedings  of  this  Convention, 
to  wit : 

BuU  41.  All  reports  of  Committees  embracing  propositions 
pertaining  to  the  formation  of  a  Constitution  shall  be  read 


1868.]  CONTENTION  JOURNAL.  165 

three  several  times,  of  which  readings  the  first  shall  be  for 
information  only.  The  second  for  consideration  and  the 
third  after  engrossment  and  final  consideration  and  adoption. 
The  yeas  and  nays  shall  be  entered  upon  the  Journal,  on 
the  second  and  third  readings  of  reports  as  above  designated. 

On  motion  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Bradley  introduced  an  ordinance  in  favor  of  J.  C. 
Jones,  Sheriff  of  Alleghany  County. 

Lies  over  under  the  rules. 

On  motion  the  resolution  of  Mr.  Congleton  on  relief,  was 
referred  to  a  special  Committee  of  five. 

A  petition  was  received  from  the  citizens  of  "Wilkes. 

Referred  to  the  Committee  on  the  Judicial  Department. 

The  hour  of  12  having  arrived,  the  House  proceeded  to  take 
up  the  following  report  of  the  Committee  on  a  Preamble  and 
Bill  of  Rights : 

REPORT    OF    THE    STANDING    COMMITTEE    ON 
PREAMBLE  AND  BILL  OF  RIGHTS. 

PREAMBLE. 

We,  the  people  of  the  State  of  North-Carolina,  grateful  to 
Almighty  God,  the  Sovereign  Ruler  of  Nations,  for  the  pre- 
servation of  the  American  Union,  and  the  existence  of  our 
civil,  political  and  religious  liberties,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of  those  blessings 
to  us  and  our  posterity,  do,  for  the  more  certain  security 
thereof,  and  for  the  better  government  of  this  State,  ordain 
and  establish  this  Constitution  : 

ARTICLE  I. 

DECLARATION   OF   EIGHTS. 

That  the  general,  great  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  established,  and 


166  CONVENTION  JOUKNAL.  [Session 

that  the  relations  of  this  State  to  the  Union  and  government 
of  the  United  States,  and  those  of  the  people  of  the  State  to 
the  rest  of  the  American  people,  may  be  defined  and  affirmed, 
we  do  declare — 

Section  1.  That  we  hold  it  to  be  self-evident,  that  all  men 
are  endowed  by  their  Creator  with  certain  inalienable  rights, 
among  which  are  life,  liberty,  the  enjoyment  of  the  fruits  of 
their  own  labor,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  political  power  is  vested  in  and  derived 
from  the  people ;  that  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec.  3.  That  the  people  of  this  State  have  the  inherent,  sole 
and  exclusive  right  of  regulating  the  internal  government  and 
police  thereof,  and  of  altering  and  abolishing  their  Constitu- 
tion and  form  of  government,  whenever  it  may  be  necessary  to 
their  safety  and  happiness;  but  every  such  right  should  be 
exercised  in  pursuance  of  law,  and  consistently  with  the  Con- 
stitution of  the  United  States. 

Sec  4.  That  this  State  shall  ever  remain  a  member  of  the 
American  Union ;  that  the  people  thereof  are  part  of  the 
American  nation  ;  that  there  is  no  right  on  the  part  of  this 
State  to  secede,  and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said  Union,  or  to  sever 
said  nation,  ought  to  be  resisted  with  the  whole  power  of  the 
State. 

Sec  5.  That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  p'overnment  of  the  United 
States,  and  that  no  law  or  ordinance  of  the  State,  in  contra- 
vention or  subversion  thereof,  can  have  any  binding  force. 

Sec  6.  To  maintain  the  honor  and  good  faith  of  the  State 
untarnished,  the  public  debt  regularly  contracted  before  and 
since  the  rebellion  shall  be  regarded  as  inviolable  and  never 
questioned  ;  but  the  State  shall  never  assume  or  pay  any  debt 
or  obligation,  express  or  implied,  incurred  in  aid  of  insurrec- 
tion or  rebellion  against  the  United  States,  or  any  claim  for 
the  loss  or  emancipation  of  any  slave. 

Sec  1.  No  man  or  set  of  men  are  entitled  to  exclusive  or 


1868.]  CONTENTION  JOURNAL.  167 

separate  emoluments  or  privileges  from  the  community  but  in 
consideration  of  public  services. 

Sec.  8.  The  legislative,  executive,  and  supreme  judicial 
powers  of  government  ought  to  be  forever  separate  and  dis- 
tinct from  each  other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of 
laws,  by  any  authority,  without  the  consent  of  the  represen- 
tatives of  the  people,  is  injurious  to  their  rights,  and  ought  not 
to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec  11.  In  all  criminal  prosecutions,  every  man  has  aright 
to  be  informed  of  the  accusation  against  him,  and  to  confront 
the  accusers  and  witnesses  with  other  testimony,  and  to  have 
counsel  for  his  defence,  and  shall  not  be  compelled  to  give 
evidence  against  himself. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal 
charge.,  except  as  hereinafter  allowed,  but  by  indictment,  pre- 
sentment, or  impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime,  but  by 
the  unanimous  verdict  of  a  jury  of  good  and  lawful  men,  in 
open  court.  The  Legislature  may,  however,  provide  other 
modes  of  trial  for  petty  misdemeanors,  with  the  right  of 
appeal. 

Sec  14.  Excessive,  bail  should  not  be  required,  nor  exces- 
sive iines  imposed,  nor  cruel,  nor  unusual  punishments  in- 
flicted. 

Sec  15.  General  warrants,  whereby  any  officer  or  messen- 
ger may  be  commanded  to  search  suspected  places  without 
evidence  of  the  fact  committed,  or  to  seize  any  person  or  per- 
sons not  named,  whose  offence  #  is  not  particularly  described 
and  supported  by  evidence,  are  dangerous  to  liberty,  and 
ought  not  to  be  granted. 

Sec  16.  No  person  ought  to  be  taken,  imprisoned,  or  dis- 
seized of  his  freehold,  liberties,  or  privileges,  or  outlawed,  or 
exiled,  or  in  any  manner  destroyed,  or  deprived  of  his  life, 
liberty,  or  property,  but  by  the  law  of  the  land. 

Sec  17.  Every  person,  restrained  of  his  liberty,  is  entitled 
to  a  remedy  to  inquire  into  the  lawfulness  thereof,  and  to  re- 


168  CONTENTION  JOURNAL.  [Session 

move  the  same,  if  unlawful,  and  such  remedy  ought  not  to  be 
denied  or  delayed. 

Sec.  18.  In  all  controversies  at  law  respecting  property,  the 
ancient  mode  of  trial  by  jury  is  one  of  the,  best  securities  of 
the  rights  of  the  people,  and  ought  to  remain  sacred  and 
inviolable. 

Sec.  19.  The  freedom  of  the  press  is  one  of  the  great  bul- 
warks of  liberty,  and  therefore  ought  never  to  be  restrained. 

Sec  20.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  in  this  State. 

Sec  21.  The  people  of  this  State  ought  not  to  be  taxed  or 
made  subject  to  the  payment  of  any  impost  or  duty,  without 
the  consent  of  themselves,  or  their  representatives  in  General 
Assembly,  freely  given. 

Sec.  22.  The  people  have  a  right  to  bear  arms  for  the  de- 
fence of  the  State ;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  liberty,  they  ought  not  to  be  kept  up  ;  and 
the  military  should  be  kept  under  strict  subordination  to,  and 
governed  by,  the  civil  power. 

Sec  23.  The  people  have  a  right  to  assemble  together  to 
consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  Legislature  for  redress  of  grievances. 

Sec  24.  All  men  have  a  natural  and  inalienable  right  to 
worship  Almigb,ty  God  according  to  the  dictates  of  their  own 
consciences;  that  no  human  authority  can,  in  any  case  what- 
ever, control  or  interfere  with  the  rights  of  conscience. 

Sec  25.  For  redress  of  grievances,  and  for  amending  and 
strengthening  the  laws,  elections  ought  to  be  often  held. 

Sec  26.  A  frequent  recurrence  to  fundamental  principles 
is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

Sec  27.  No  hereditary  emoluments,  privileges,  or  honors, 
ought  to  be  granted  or  conferred  in  this  State. 

Sec  23.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  ought  not  to  be  allowed. 

Sec  29.  Retrospective  laws,  punishing  facts  committed  be- 
fore the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  oppressive,  unjust,  and  incompatible  with  liberty  ^ 
wherefore,  no  ex  post  facto  law  ought  to  be  made. 


1868.]  CONVENTION  JOURNAL,  169 

Sec.  30.  Slavery  and  involuntary  servitude  otherwise  than 
for  crimes,  whereof  the  parties  shall  have  been  duly  convicted,, 
shall  be,  and  is  hereby  forever  prohibited  within  this  State. 

Sec.  31.  The  limits  and  boundaries  of  the  State  shall  be  and 
remain  as  they  now  are. 

Sec.  32.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  ad- 
ministered without  sale,  denial  or  delay. 

Sec.  33.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

Sec.  34.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people,  and  all  pow- 
ers not  herein  delegated,  remain  with  the  people. 

DAVID  HEATON,  Chairman. 
J.  H.  HARRIS, 
WM.  NICHOLSON, 
JOHN  R.  FRENCH, 
JOHN  M.  PATRICK, 
GEO.  W.  GAHAGAN, 
C.  C.  POOL, 
A.  W.  FISHER, 
J.  H.  BAKER, 
SYLVESTER  CARTER, 
JULIUS  S.   GARLAND, 
JASPER  ETHERIDGE. 

The  report  passed  the  first  reading. 

On  the  second  reading,  Mr.  Heaton  moved  to  amend  section 
first  by  inserting  between  the  words  "  are  "  and  "  endowed," 
in  the  second  line,  the  words  "  created  equal ;  that  they  are." 

Mr.  Tourgee  offered  the  following  amendment : 

Strike  out  "  that  we  hold  it  to  be  self  evident,"  in  line  first, 
also  in  line  second,  strike  out  "  are  endowed  by  their  creator 
with  certain  inalienable  rights,"  and  insert,  "  are  created  free, 
and.  equal  in  rights,  certain  of  which  are  inalienable," 

Mr.  Tourgee  withdrew  his  amendment. 


170  CONVENTION  JOURNAL.  [Session 

Mr.  Nicholson  submitted  the  following  as  a  substitute : 

Section  1st.  That  all  men  are  born  free  and  equal  in  na- 
tural rights,  some  of  the  rights  are  inalienable,  and  among 
them  the  right  to  life,  to  liberty,  to  property,  and  to  the  pur- 
suit of  happiness,  none  of  which  can  rightfully  be  surrendered 
or  taken  away,  or  abridged  in  respect  to  any  person,  except 
in  such  measure  as  may  be  necessary  to  reconcile  them  with 
the  equal  rights  of  others,  or  in  punishment  for  crime. 

After  considerable  discussion,  Mr.  Hams,  of  "Wake,  moved 
the  previous  question. 

The  yeas  and  nays  were  demanded,  and  the  substitute  was 
lost  by  the  following  vote,  yeas  10,  nays  83  : 

Those  who  voted  in  affirmative  are  : 

Messrs.  Hare,  Hodnett,  Hollowell,  Jones  of  Washington, 
Lennon,  Merritt,  Nicholson,  Parker,  Tourgee  and  Welker — 10. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Blurne,  Bradley,  Bryan, 
Carey,  Candler,  Cherry,  Chijlson,  Congleton,  Cox,  Dickey, 
Duckworth,  Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  Fork- 
ner,  Franklin,  French  of  Bladen,  French  ot  Rockingham, 
Fullings,  Gahagan,  Garland,  George,  Glover,  Graham  of 
Montgomery,  Graham  of  Orange,  Grant  of  Northampton, 
Gully,  Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hayes 
oi  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hofner, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lanin,  Lee,  Logan,  Long,  Mann, 
May,  Mayo,  Marshall,  McDonald  of  Chatham,  McDonald  of 
Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom, 
Parks,  Petree,  Pierson,  Pool,  Ragland,  Ray,  Renfrow,  Rhodes, 
Rich,  Rodman,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague, 
Tucker,  Turner,  Watts  and  Williams  of  Wake — 83. 

The  question  recurred  on  the   amendment  of  Mr.  Heaton, 
which, 
On  motion,  was  adopted. 

Mr.  Heaton  also  moved  to  amend  by  inserting  in  the  third 
line,  between  "  rights  and  among,"  the  word  "  that ;"  also,  to 
strike  out  "which  "  and  insert  "  these," 

Which  amendments  were  sustained. 


JS68.]  CONTENTION  JOURNAL.  171 

Mr.  Heaton  also  moved  to  amend  by  striking  out  the  word 
"  inalienable,"  and  insert  the  word  "  unalienable." 
The  amendment  was  agreed  to. 
On  motion,  section  first,  as  amended,  was  adopted. 
On  motion,  the  House  adjourned. 


MONDAY  Febeuaky  10th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  G.  W.  Welker. 

The  President  announced  a  quorum. 

The  Journal  of  Saturday  was  read  and  approved. 

A  communication  from  a  Committee  on  Education  in  Rich- 
mond, Yirginia,  was  read,  and, 

Referred  to  the  Committee  on  Education. 

Mr.  Durham  introduced  the  following  preamble  and  reso- 
lution : 

Whereas,  It  is  a  matter  of  common  rumor  that  corrupting 
influences  have  been  used  to  secure  the  passage  of  certain 
ordinances  which  have  been  passed  by  this  Convention  ;  and 
whereas,  if  these  rumors  are  true,  it  is  the  duty  of  this  body 
to  ascertain  who  are  the  guilty  parties,  and  expose  said  cor- 
ruption ;  therefore, 

Be  it  resolved,  That  a  Select  Committee  of  three  members 
be  appointed  by  the  President,  whose  duty  it  shall  be  to  as- 
certain and  report  whether  corrupting  influences  have  been 
used,  to  secure  the  passage  of  any  ordinance,  which  has  been 
passed  by  this  Convention,  and  if  so,  the  names  of  the  guilty 
parties,  and  all  the  facts  connected  therewith.  The  said  Com- 
mittee shall  have  power  to  send  for  persons  and  papers,  ad- 
minister oaths  and  examine  witnesses. 

On  motion,  the  rules  were  suspended  and  the  resolution 
adopted. 

Mr.  Abbott  introduced  the  following  resolution : 

Be  it  resolved  by  this  Convention,  That  the  thanks  of  the 
people  of  North-Carolina  are  due  and  are  hereby  tendered  to 


172  CONTENTION  JOURNAL.  [Session 

General  Nelson  A.  Miles,  the  Assistant  Commissioner  for  the 
Freeclman's  Bureau  in  this  State,  for  the  efficient,  impartial 
and  faithful  manner  in  which  he  has  discharged  his  duties. 

Resolved,  That  the  Secretary  of  the  Convention  transmit  a 
copy  of  this  resolution  to  General  Miles. 

On  motion,  the  rules  were  suspended  and  the  resolutions 
adopted. 

Mr.  Abbott  introduced  a  resolution  in  relation  to  the  previ- 
ous question. 

Lies  over  under  the  rules. 

Mr.  Tourgee  introduced  a  resolution  in  relation  to  the  ses- 
sion of  the  Convention. 

Lies  over  under  the  rules. 

Mr.  Abbott  moved  that  when  this  Convention  adjourns,  it 
adjourns  to  meet  at  1^  o'clock,  P.  M. 

The  motion  was  not  sustained. 

Mr.  Tourgee,  Chairman  of  the  Committee  on  Counties, 
Towns,  &c.,  reported  that  the  Committee  have  considered  the 
ordinance  introduced  by  Mr.  Jones,  of  Washington,  entitled 
"  an  ordinance  to  amend  section  second  of  an  act  of  the  Leg- 
islature to  incorporate  the  town  of  Columbia,  in  County  of 
Tyrrell,"  and  recommend  that  it  should  pass. 

The  report  was  adopted,  and  the  ordinance,  as  follows,  was 
adopted : ( 

Be  it  ordained  by  the  people  of  North- Carolina,  in  Conven- 
tion assembled,  That  section  second  of  the  act  of  the  Legislature 
passed  in  1866-'67,-  entitled  "  An  act  to  incorporate  the  town 
of  Columbia,  in  the  County  of  Tyrrell,"  be  so  amended  as  to 
read  : 

"  That  the  said  town  of  Columbia,  shall  be  embraced  within 
the  following  boundaries  in  the  County  of  T}<rrell,  to  wit : 
Beginning  at  the  Ferry  wharf  on  the  east  side  of  Scuppernong 
river,  thence  running  up  the  said  river  south  fifty  poles,  then 
east  one  hundred  and  twenty-five  poles,  then  north  one  hun- 
dred poles,  then  west  one  hundred  and  twenty-five  poles,  to 
the  river,  then  by  the  river  edge  to  the  beginning. 

The  resolution  of  Mr.  Welker,  recrardinc'  the  distillation  of 
grain,  was, 


1868.]  CONVENTION  JOURNAL.  173 

On  motion,  referred  back  to  the  House,  and  placed  on  the 
Calendar. 

The  resolution  of  Mr.  Welker  regarding  the  liabilities  of 
Banking  Institutions, 

Was  ordered  to  be  printed,  and  laid  over  until  Tuesday. 
The  ordinance  of  Mr.  McDonald,  of  Chatham,  to  levy  a  tax 
of  seventy  five  per  centum  upon  old  debts,  was  taken  up. 

Mr.  Graham,  of  Orange,  moved  to  postpone  the  ordinance 
indefinitely. 

Mr.  McDonald  demanded  the  yeas  and  nays. 
The  motion  was   carried  by  the  following  vote,  yeas  72, 
nays  13 : 

Those  who  voted  in  the  affirmative  are : 
Messrs.  Abbott,  Ashley,  Barnes,  Benbow,  Blume,  Bradley, 
Bryan,  Carey,  Candler,  Colgrove,  Congleton,  Cox,  Daniel, 
Dickey,  Duckworth,  Durham,Ellis,Etheridge,  Fisher,  Forkner, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chowan, 
Fallings,  Gahagan,  Garland,  George,  Glover,  Graham  of 
Orange,  Grant  of  "Wayne,  Grant  of  Northampton,  Gully, 
Hare,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hodnett, 
Hofner,  Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee 
Lennon,  Logan,  Mann,  May,  Mayo,  Marshall,  Mullican,  Nich- 
olson, Parker,  Parks,  Petree,  Ray,  Renfrow,  Rhodes,  Bobbins, 
Rodman,  Stilly,  Sweet,  Teague,  Tourgee,  Trogden,  Tucker 
and  Williams  of  Wake — 72. 

Those  who  voted  in  the  negative  are : 

Messrs.  Graham  of  Montgomery,  Gunter,  Harris  of  Wake, 
Hayes,  of  Robeson,  Lafiin,  Legg,  Long,  McDonald  of  Chatham, 
McDonald  of  Moore,  Murphy,  Nance,  Rich  and  Taylor— 13. 
The  following  resolution  of  Mr.  Petree  was  adopted  : 
Resolved,  That  a  Committee  of  three  be  appointed  to  draw 
up  a  memorial  to  be  sent  to  the  Congress  of  the  United  States 
praying  that  the  revenue  tax  on  tobacco  be  reduced,  setting 
forth  the  reason  therefore. 

The  resolution  of  Mr.  Rodman  for  the  relief  of  the  sheriff 
of  Halifax  County,  was  referred  to  a  Committee  comprising 
the  delegates  of  Halifax. 


174  CONVENTION  JOURNAL.  [Session 

The  resolution  of  Mr  Bradley  in  favor  of  the  sheriff  of  Al- 
leghany County,  was, 

On  motion,  tabled. 

On  motion,  the  report  of  the  Committee  on  Suffrage  was 
postponed  until  Wednesday,  at  11  o'clock,  A.  M. 

The  hour  of  12  having  arrived,  the  preamble  of  the  report 
of  the  Committee  on  a  Preamble  and  Bill  of  Rights  was  taken 
up. 

The  preamble  was  read. 

Mr.  Graham,  of  Orange,  moved  to  amend  by  striking  out 
the  words  "  and  the  existence  "  in  3rd  line  and  insert  "  im- 
ploring the  restoration." 

The  amendment  was  not  adopted. 

The  preamble  as  read  was  adopted. 

The  caption  of  article  1st  was  read. 

Mr.  Welker  moved  to  amend  by  striking  out  the  words 
"  general  great  and  "  in  line  1st ;  also  in  the  2d  line  the  words 
"  reorganized  and  " ;  also  the  words  "  and  affirmed  "  in  the 
6th  line. 

The  amendments  were  lost. 

The  caption  as  read  was  then  adopted. 

On  motion  of  Mr.  Heaton  the  report  of  the  committee  was 
postponed  until  Thursday  at  11  o'clock,  and  made  the  special 
order  for  that  time. 

On  motion  of  Mr.  Abbott  the  following  report  of  the  Com- 
mittee on  Militia  was  placed  upon  it  final  reading  and  pas- 
sage : 

MILITIA. 

Section  1.  All  able-bodied  male  citizens  of  the  State  of 
North-Carolina,  between  the  ages  of  twenty-one  and  forty 
years,  who  are  citizens  of  the  United  States,  shall  be  liable  to 
duty  in  the  Militia :  Provided,  That  all  persons  who  may  be 
adverse  to  bearing  arms  from  religious  scruples  shall  be  exempt 
therefrom. 

Sec.  2.  The  General  Assembly  shall  provide  for  the  organ- 


1868.]  CONTENTION  JOURNAL.  175 

izing,  arming,  equiping,  and  discipline  of  the  Militia,  and  for 
paying  the  same  when  called  into  active  service. 

Sec.  3.  The  Governor  shall  be  Commander-in-Chief,  and 
have  power  to  call  out  the  Militia  to  execute  the  law,  suppress 
riots  or  insurrections. 

Sec.  4.  The  General  Assembly  shall  have  power  to  make 
such  exemptions  as  may  be  deemed  necessary,  and  to  enact 
laws  that  may  be  expedient  for  the  government  of  the 
Militia. 

Mr.  Graham,  of  Orange,  moved  to  amend  section  1st,  by 
adding  after  the  word  "  Militia  "  in  4th  line,  "  but  white 
and  colored  persons  shall  be  organized  into  separate  com- 
mands, and  no  white  man  shall  ever  be  required  to  obey  a 
negro  officer." 

After  considerable  discussion  the  question  was  called  and 
the  yeas  and  nays  demanded. 

The  amendment  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bradley,  Durham,  Ellis,  Graham,  of  Orange,  Hall, 
Hare,  Hodnett,  Marshall,  and  Merritt — 9. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Bryan,  Carey, 
Cherry,  Chillson,  Congleton,  Cox,  Daniel,  Dickey,  Duck- 
worth, Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French 
of  Bladen,  French  of  Rockingham,  French  of  Chowan,  Ga- 
hagan,  Galloway,  Garland,  George,  Glover,  Graham  of  Mont- 
gomery, Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Flarris  of  Wake,  Harris  of  Franklin,  Hayes  of  Robe- 
son, Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hoffler, 
Hood,  Flyman,  lug,  Jones  of  Washington,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lafiin,  Lee,  Legg,  Logan,  Long, 
Mann,  May,  Mayo,  McDonald  of  Chatham,  McDonald  of 
Moore,  Moore,  Morton,  Mullican,  Murphy,  Newsom,  Parks, 
Petree,  Pierson,  Ragland,  Ray,  Renfrow,  Rhodes,  Rich,  Rob- 
bins,  Rodman,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague, 
Tourgee,  Tucker,  Turner,  Watts,  Welker  and  Williams  of 
Wake— 83. 

The  section  as  read  was  then  adopted. 


176  CONVENTION  JOURNAL.  [Session 

Sections  2d,  3d  and  4th  as  read  were  adopted, 
On  motion  of  Mr.  Jones,  of  Washington,  the  following  re- 
port of  the  Committee  on  Corporations  other  than  Municipal, 
was  taken  up,  and  passed  its  first  reading  : 

REPOET  OF  THE  COMMITTEE  ON  CORPORATIONS 
OTHER  THAN  MUNICIPAL. 

The  Committee  on  Corporations  beg  leave  to  submit  the 
following  Report :) 

Section  1.  Corporations  may  be  formed  under  general  laws, 
but  shall  not  be  created  by  special  act,  except  tor  municipal 
purposes,  and  in  cases  where,  in  the  judgment  of  the  Legisla- 
ture, the  objects  of  the  corporations  cannot  be  attained  under 
general  laws.  All  general  laws  and  special  acts  passed,  pur- 
suant to  this  section,  in  ay  be  altered  from  time  to  time  or 
repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such 
individual  liabilities  of  the  corporations  and  other  means  as 
may  be  prescribed  by  law. 

Sec  3.  The  term  corporation  as  used  in  this  article,  shall 
be  construed  to  include  all  associations  and  jointstock  compa- 
nies having  any  of  the  powers  and  privileges  of  corporations 
not  possessed  by  individuals  or  partnership,  and  all  corpora- 
tions shall  have  the  right  to  sue,  and  shall  be  subject  to  be 
sued  in  all  courts  in  like  cases  as  natural  persons, 

Sec.  4.  The  Legislature  shall  have  no  power  to  pass  any 
act  granting  any  special  charter  for  banking  purposes ;  but 
corporations  or  associations  may  be  formed  for  such  purposes 
under  general  laws. 

Sec  5.  The  Legislature  shall  have  no  power  to  pass  any 
law  sanctioning  in  any  manner,  directly  or  indirectly,  the 
suspension  of  specie  payments,  by  any  person,  association  or 
corporation  issuing  bank  notes  of  any  description. 

Sec  6.  The  Legislature  shall  provide  by  law  for  the  regis- 
try of  all  bills  or  notes  issued  or  put  in  circulation  as  money, 


1868.]  CONVENTION  JOURNAL.  177 

and  shall  require  ample  security  for  the  redemption  of  the 
same  in  specie 

Sec.  7.  The  Stockholders  in  every  corporation  and  joint- 
stock  association  for  banking  purposes,  issuing  bank  notes  or 
any  kind  of  paper  credits  to  circulate  as  money,  shall  be  indi- 
vidually responsible  to  the  amount  of  their  respective  share 
or  shares  of  stock  in  any  such  corporation  or  association  for 
all  its  debt  and  liabilities  of  every  kind, 

Sec.  8.  In  case  of  the  insolvency  of  any  bank  or  banking 
association,  the  bill  holders  thereof  shall  be  entitled  to  prefer- 
ence in  payment  over  all  other  creditors  of  such  bank  or  asso- 
ciation. 

Sec.  9.  No  bank  shall  receive,  directly  or  indirectly,  a 
greater  rate  of  interest  than  shall  be  allowed  by  law  to  indi- 
viduals lending  money. 

Seo.  10.  The  State  shall  not  be  a  stockholder  -in  any  bank, 
nor  shall  the  credit  of  the  State  ever  be  given  or  lent  to  any 
banking  company,  association  or  corporation,  except  tor  the 
purpose  of  expediting  the  construction  of  railroads  or  works 
of  internal  improvement  within  this  State,  and  the  credit  of 
the  State  shall  in  no  case  be  given  or  lent,  without  the  ap- 
proval of  both  Houses  of  the  General  Assembly, 

Sec.  11.  It  shall  be  the  duty  of  the  Legislature  to  .provide 
for  the  organization  of  cities,  towns  and  incorporated  villages, 
and  to  restrict  their  power  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit,  so  as  to 
.prevent  abuses   in    assessments,  and  in  contracting  debt  by 

such  municipal  corporation. 

E.  W.  JONES,   Chairman, 
¥M.  MERRITT, 
W.  A.  B.  MURPHY, 
GEORGE  W.  DICKEY, 
GEORGE  TUCKER, 
J.  H.  KING, 
R.  C.  PARKER, 
H.  T.  GRANT, 
E.  M.  HOLT. 
J.  T.  HARRIS, 
JAMES  HAY/ 
•Sk  -£>.  ASHLEY-, 

1* 


ITS  CONVENTION  JOURNAL.  [Session 

On  the  second  reading  section  1st  was  taken  up,  and, 
On  motion,  was  adopted. 
Sections  2d  and  3d  were  read  and  adopted. 
On  motion  the  balance  of  the   report  was  made  a  special 
order  for  Friday  at  J 1  o'clock. 
On  motion  the  House  adjourned. 


TTJESDxlY,  February  11th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

The  President  announced  a  quorum. 

The  Journal  of  Monday  was  read  and  approved. 

On  motion  of  Mr.  Jones,  of  Washington,  the  following 
committee  of  three  were  appointed  to  wait  on  Major  General 
Canby,  Military  Commandant  of  this  district,  and  tender  him 
the  compliments  of  this  Convention,  and  invite  him  to  visit 
it  whenever  it  may  suit  his  pleasure  : 

Messrs.  E.  W.  Jones,  Read,  and  Grant,  of  Wayne. 

The  following  committee  were  appointed  in  accordance 
with  the  resolution  of  Mr.  Durham  passed  Monday : 

Messrs,  Durham,  Ashley  and  Harris,  of  Wake. 

Mr.  Graham,  of  Orange  introduced  a  petition  of  divorce. 

Referred  to  the  Special  Committee  on  Divorce. 

Mr.  Ray  presented  a  petition  from  the  citizens  of  Ala- 
mance. 

Referred  to  the  Committee  of  three  on  the  distillation  of 


gram. 


Mr.  Franklin  presented  a  petition  of  divorce  of  Esther  V. 
Todd. 

Referred  to  the  Committee  on  Divorce. 

Mr.  Harris  of  Wake,  introduced  the  following  preamble  and 
resolution  : 

Whereas,  It  is  a  matter  of  common  rumor  that  Plato 
Durham,  delegate  "so  called"  from  Cleveland,  obtained  his 
election  by  the  dishonorable  use  of  "  certain  official  commu- 


1868.]  CONTENTION  JOUKNAL.  179 

nications  of  the  Freedm art's  Bureau  surreptitiously  obtained; 
and,  whereas  it   those  rumors  are  true,  it  is  the  duty  of  this 
body  to  expose  and  purge  itself  of  this  corruption,  therefore 
be  it: 

Resolved-,  That  a  Select  Committee  of  three  members  be 
appointed  by  the  President,  whose  duty  it  shall  be  to  ascer- 
tain and  report  whether  such  corrupting  procedure  was  adop- 
ted to  secure  the  election  of  said  Plato  Durham  as  a  delegate 
to  this  Convention,  and  if  so  that  all  the  facts  connected 
therewith,  to  the  end  that  the  delegate  "  so  called/'  may  be 
dealt  with. 

The  rules  were  suspended. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  resolution  on  the 
table. 

The  motion  was  lost. 

Mr,  King,  of  Lenoir,  moved  to  postpone  indefinitely. 

The  motion  was  not  sustained. 

The  resolution  was  then  adopted. 

The  same  committee  to  whom  was  referred  the  resolution 
of  Mr.  Tourgee  in  relation  to  the  staying  of  certain  debts,  re- 
ported it  back  to  the  Convention,  without  recommendation, 
since  its  purpose  is  comprehended  in  another  resolution,  and 
asked  to  be  discharged  from  a  further  consideration. 

The  report  was  on  motion  adopted. 

The  same  committee  to  whom  was  referred  the  resolution 
of  Mr.  Ragland  on  relief,  reported  that  they  have  transmitted 
the  same  to  Major- General  Canby,  and  asked  to  be  discharged 
from  the  further  consideration  of  the  subject. 

The  report  was  adopted. 

The  same  committee  to  whom  was  referred  the  petition  of 
Cooper  Haggins,  presented  by  Mr.  Legg  of  Brunswick,  report 
the  petition  back  to  the  Convention  and  asked  to  be  discharg- 
ed from  the  further  consideration  thereof. 

The  report  was  adopted. 

Mr.  Harris,  of  Wake,  introduced  an  ordinance  prohibiting, 
for  a  limited  sum,  the  sale  of  property  under  mortgage  or  deed 
of  trust. 


180  CONTENTION  JOURNAL.  [Session 

Referred  to  the  Committee  on  Relief,  with  instructions  to 
report  at  an  early  day. 

Leave  of  absence  was  granted, 

Mr.  Turner  until  Friday  next,  and, 

Mr.  Hood  from  Thursday  until  Monday  next, 

Mr.  Harris,  of  Wake,  introduced  a  resolution  limiting 
debate. 

Lies  over  under  the  rules. 

Mr.  Jones,  of  Washington,  Chairman  of  the  Committee  to 
wait  on  General  Canby,  reported  that  they  had  called  upon 
the  General,  and  he  stated  to  them  that  he  would  take  pleas- 
ure in  visiting  the  Convention  on  Wednesday  at  11  o'clock. 

The  following  report  of  the  Committee  on  the  Judicial  De- 
partment was  taken  up  for  consideration  : 

The  undersigned  members  of  the  Committee  on  the  Judi- 
cial Department  respectfully  report : 

That  there  exists  among  the  members  of  the  Committee 
wide  differences  of  opinion  on  fundamental  points  respecting 
the  proper  organization  of  the  Judicial  Department  of  the 
State  government. 

The  most  essential  points  of  difference  are  two : 

1st.  In  respect  to  the  mode  of  appointing  Judges.  Some 
gentlemen  think  they  should  be  elected  by  the  people  ;  others 
by  the  General  Assembly  ;  and  still  others,  that  they  should 
be  appointed  by  the  Governor,  with  the  consent  of  the  Senate 
or  of  the  General  Assembly. 

2d.  In  respect  to  retaining  or  abolishing  the  distinction 
between  action  and  suits  in  Equity,  some  gentlemen  think 
such  distinction  should  be  abolished,  and  that  there  should  be 
but  one  form  of  civil  action. 

It  is  not  intended  now  to  present  any  argument  for  or 
against  any  of  these  views,  or  even  to  express  the  opinions  of 
the  undersigned  respecting  them  ;  but  merely  to  state  them. 
If  the  opinion  of  the  Convention  can  be  obtained  on  these 
two  points,  the  undersigned  are  of  opinion  that  the  Committee 
will  have  no  further  difficulty  of  agreeing  substantially  upon 
a  plan  for  the  organization  of  the  Judicial  Department  of  the 
government. 


1868.]  CONVENTION  JOURNAL.  181 

For  the  purpose  of  obtaining  an  expression  of  the  opinion 
of  the  Convention,  the  undersigned  herewith  submit,  in  the 
shape  of  resolutions,  affirmatives  of  each  different  view.  A  vote 
of  the  Convention  either  way,  upon  any  one  of  these,  will  be 
received  as  a  guide  to  the  Committee  upon  the  matter  con- 
cerned, covered  by  the  resolution,  and  they  can  then  proceed 
to  frame  a  plan  of  organization  conformably. 

WILL.  B.  RODMAN, 
S.  W.  WATTS, 
C.  C.  JONES, 
A.  W.  TOURGEE, 
G.  W.  WELKER, 
A.  W.  FISHER, 
R.  W.  KING, 
W.  H.  S.  SWEET, 
T.  L.  L.  COX, 
E.  B.  TEAGUE. 

1.  Resolved,  That  it  is  the  sense  of  this  Convention;  That 
the  distinctions  between  actions  at  law  and  suits  in  Equity, 
and  the  forms  of  all  such  actions  and  suits  shall  be  abolished, 
and  there  should  be  but  one  form  of  civil  action. 

2.  Resolved,  That  it  is  the  sense  ot  this  Convention  ;  That 
the  distinction  between  actions  at  law  and  suits  in  Equity, 
now  existing  should  not  be  abolished. 

1.  Resolved,  That  it  is  the  sense  of  this  Convention  ;  That 
Judges  of  the  Supreme  and  Superior  Courts  of  the  State 
should  be  elected  by  the  people. 

2.  Resolved,  That  it  is  the  sense  of  this  Convention  ;  That 
Judges  of  the  Supreme  and  Superior  Courts  should  be  elected 
by  the  General  Assembly. 

3.  Resolved,  That  it  is  the  sense  of  this  Convention  ;  That 
the  Judges  ot  the  Supreme  and  Superior  Courts  should  be 
appointed  by  the  Governor,  with  the  consent  of  the  Senate, 
or  of  the  General  Assembly. 

The  resolutions  in  relation  to  the  Supreme  and  Superior 
Court  Judges  was  first  taken  up. 


182  CONVENTION"  JOURNAL.  [Session 

Mr.  Pleaton  moved  to  substitute  section  third  for  section 
lirst. 

Mr.  Jones,  of  Washington,  moved  to  amend  by  substituting 
section  second  for  section  third. 

The  yeas  and  nays  were  demanded. 

The  section  was  not  adopted  by  a  vote  of  yeas  30,  nays  72. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Bradley,  Daniel,  Ellis,  Eppes,  Etheridge, 
Fisher,  Forkner,  Graham  of  Orange,  Grant  of  Wayne,  Grant 
of  Northampton,  Hall,  Hare,  Harris  of  Franklin,  Hayes  of 
Halifax,  Hodnett,  Hollowell,  Holt,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Lafliri, 
Lennon,  Marler,  McDonald  of  Moore,  Nicholson,  Parker,  Pool 
and  Read — 30. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Ashley,  Barnes,  Benbow,  Bryan,  Carey, 
Candler,  Cherry,  Chillson,  Congleton,  Cox,  Dickey,  Duck- 
worth, Franklin,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Garland, 
George,  Glover,  Graham  of  Montgomery,  Gully,  Gunter, 
Harris  of  Wake,  Hayes  of  Robeson,  Heaton,  Highsmith, 
Hobbs,  Hoffler,  Hoocl,  Hyman,  Ing,  Kinney,  Lee,  Legg,  Logan, 
Long,  Mann,  May,  Mayo,  Moore,  Morton,  Mullican,  Murphy, 
Nance,  Newsom,  Parks,  Petree,  Peterson,  Pierson,  Ragland, 
Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith, 
Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogclen,  Tucker, 
Watts,  Welker  and  Williamson — 72. 

The  question  recurring  on  section  third, 

The  yeas  and  nays  were  demanded,  and  resulted  yeas  38, 
nays  63. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Bradley,  Ellis,  Eppes,  Etheridge,  Forkner, 
French  of  Bladen,  French  of  Chowan,  Graham  of  Orange, 
Hall,  Hare,  Harris  of  Wake,  Harris  of  Franklin,  Hayes  of 
Halifax,  Heaton,  Hodnett,  Hollowell,  Holt,  Hood,  Hyman, 
Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lincoln, 
Laflin,  Legg,  Lennon,  Mann,  Mayo,  Marshall,  McDonald,   of 


1868.]  CONVENTION  JOURNAL,  m 

Moore,  Nicholson,  Parker,  Pool,  Read,  Renfrow,  Bobbins, 
Hodman,  and  Sweet — 38. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Ashley,  Barnes,  Benbow,  Bryan,  Carey, 
Candler,  Cherry,  Chillson,  Congleton,  Cox,  Dickey,  Duck- 
worth, Fisher,  Franklin,  French  of  Rockingham,  Fullings, 
Gahagan,  Garland,  George,  Glover,  Graham  of  Montgomery, 
Grant  of  "Wayne,  Grant  of  Northampton,  Gully,  Gunter, 
Hayes  of  Robeson,  Highsmith,  Hobbs,  Homer,  Ing,  King  of 
Lenoir,  Kinney,  Lee,  Logan,  Long,  May,  Moore,  Morton,  Mul- 
lican,  Murphy,  Nance,  Newsom,  Parks,  Petree,  Peterson, 
Pierson,  Ragland,  Ray,  Rhodes,  Rich,  Rose,  Smith,  Stilly, 
Stilwell,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  "Watts, 
Welker  and  Williamson — 63. 

The  section  was  lost. 

Section  first  was  then  taken  up  and  divided. 

The  following  portion  of  the  section  was  taken  up  for  con- 
sideration: 

"  That  the  Judges  of  the  Supreme  Courts  ot  the  State  should 
be  elected  by  the  people." 

On  motion,  it  was  adopted,  yeas  56,  nays  34. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Ashley,  Barnes,  Bryan,  Carey,  Candler, 
Chillson,  Congleton,  Cox,  Dickey,  Duckworth,  Franklin, 
French  of  Rockingham,  Fullings,  Gahagan,  Garland,  George, 
Glover,  Graham  of  Montgomery,  Gully,  Gunter,  Heaton, 
Highsmith,  Homer,  Hood,  Ing,  Kinney,  Lee,  Logan,  Mann, 
May,  Mayo,  Mullican,  Murphy,  Newsom,  Parks,  Petree,  Pe- 
terson, Pierson,  Ragland,  Ray,  Renfrow,  Rhodes,  Rich,  Rose, 
Smith,  Stilly,  Stilwell,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  "Welker,  Williams  of  Wake  and  Williamson — 56. 

Those  who  voted  in  the  nes-ative  are  : 

Messrs.  Abbott,  Benbow,  Cherry,  Ellis,  Eppes,  Etheridge, 
Fisher,  Fork??,er,  French  of  Chowan,  Graham  of  Orange,  Hare, 
Harris  of  Franklin,  Hayes  of  Halifax,  Hobbs,  Hodnett,  Hol- 
lowell,  Hyman,  Jones  of  Caldwell,  Jones  of  Washington, 
King  of  Lenoir,  Legg,  Lermon,  Long,,  Marler,  McDonald   of 


184  CONVENTION  JOURNAL.  [Session 

Chatham,  McDonald  of  Moore,  Moore,  Nance,  Pool,  Read, 
Rodman,  Sweet,  Watts  and  Williams  of  Sampson — 34. 

The  balance  of  the  section,  viz: 

"  That  the  Superior  Court  Judges  be  elected  by  the  people,'' 

Was  adopted,  yeas  63,  nays  15. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Ashley,  Barnes,  Benbow,  Bradley,  Bryan, 
Carey,  Candler,  Chilson,  Congleton,  Cox,  Dickey,  Duckworth, 
Forkner,  Franklin,  French  of  Rockingham,  Fullings,  Gaha- 
gan,  Garland,  George,  Glover,  Graham  of  Montgomery, 
Grant  of  Wayne,  Gully,  Gunter,  Hayes  of  Robeson,  Heaton, 
Highsmith,  Hoffler,  Flyman,  Ing,  King  of  Lenoir,  Kinney, 
Logan,  Long,  Mann,  May,  Mayo,  McDonald  of  Moore,  Mor- 
ton, Murphy,  Newsom,  Parks,  Petree,  Peterson,  Pierson, 
Ragland,  Ray,  Renfrow,  Rhodes,  Rose,  Smith,  Stilly,  Stil- 
well,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Watts, 
Welker,  Williams  of  Wake  and  Williamson — 63. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ellis,  Fisher,  French  of  Chowan,  Graham 
of  Orange,  Hall,  Hare,  Harris  of  Franklin,  Hayes  of  Halifax, 
Hodnett,  Hollowell,  Jones  of  Caldwell,  Lennon,  Marler  and 
Pool— 15. 

On  motion  of  Mr.  Abbott,  the  Secretarv  was  directed  to 
send  General  Canby  a  copy  of  an  ordinance  passed  by  this 
body  in  relation  to  levying  a  tax  to  defray  the  expenses  of 
this  Convention. 

The  report  of  the  Committee  on  Punishments,  Penal  Insti- 
tutions and  Public  Charities,  was  received  and  ordered  to  be 
printed. 

A  preamble  and  resolutions  from  the  Georgia  Convention- 
asking  Congress  for  a  loan  of  $30,000,000  dollars  for  the  ben- 
efit of  Southern  planters,  was  received,  and, 

Referred  to  the  Committee  on  Finance, 

On  motion  the  House  adjourned,. 


1868.;}  CONVENTION  JOURNAL.  185. 

WEDNESDAY,  February  12th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President, 

Prayer  by  the  Rev.  Mr.  Eppes. 

The  President  announced  a  quorum.. 

The  Journal  of  Tuesday  was  read  and  approved. 

The  petition  of  Divorce  in  favor  of  one  Hopkins,  referred. 
to  the  Committee  on  Divorce,  was, 

On  motion,  referred  to  the  Committee  on  the  Judicial  De- 
partment. 

Mr.  Forkner  introduced  a  resolution  in  relation  to  the  prac- 
tice of  law  in  North-Carolina. 

Lies  over  under  the  rules. 

Mr.  Franklin  introduced  a  resolution  granting  relief  to  the 
Sherriff  of  Wake  County. 

Referred  to  the  Committee  on  Finance. 

Mr.  Bryan  introduced  the  following  ordinance : 

AN  ORDINANCE  IN  FAVOR  OF  SHERIFFS. 

Section  1.  Be  it  ordained by  the  people  of  North-Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  the  Sheriffs  of  this  State  shall  be  al- 
lowed one  year  from  and  after  the  first  day  of  January,  1868,, 
to  collect  the  unpaid  taxes  for  the  years  1866-'67. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  passage,,  and  that  a  copy  of  the- 
same  be  printed  and  transmitted  to  each  Sheriff  in  the  State.. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  ordinance  on  the 
table. 

The  motion  was  not  sustained. 

The  ordinance  was,  on  motion,  adopted. 

The  report  of  the  Committee  on  Legislature,  together  with 
that  portion  that  was  recommitted  to  them  was  made  a  spe- 
cial order  for  Monday  at  11  o'clock. 

On  motion  the  report  of  the  Committee  on  Suffrage  was, 
postponed  until  Tuesday  next  at  11  o'clock  and  made  a  spe- 
cial order  for  that  time* 


186  CONTENTION  JOURNAL.  [Session 

UNFINISHED    BUSINESS. 

The  report  of  the  committee  on  the  Judicial  Department 
considered  yesterday  was  taken  up. 

General  Canby  at  this  hour,  11  o'clock,  visited  the  Conven- 
tion, was  introduced  to  the  President,  who  received  him  with 
an  appropriate  address,  which  was  responded  to  by  the  Gen- 
eral. 

The  Convention  then  took  a  recess  for  15  minutes  and  each 
delegate  was  presented  to  the  General. 

At  the  expiration  of  the  time,  the  house  proceeded  with  the 
report  of  the  Judicial  Department. 

The  sense  of  the  house  as  regards  actions  at  law  and  suits 

in  equity  was  obtained  by  the  adoption  of  the  following  reso- 
lution : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  the 
distinctions  between  actions  at  law  and  suits  in  equity  and 
the  forms  of  all  such  actions  and  suits  shall  be  abolished  and 
there  should  be  but  one  form  of  civil  action. 

The  yeas  and  nays  were  demanded  and  the  resolution  was 
adopted  by  the  following  vote : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Ashley,  Barnes,  Blume,  Bryan,  Carey,  Chillson, 
Congleton,  Cox,  Dickey,  Duckworth,  French  of  Bladen, 
French  of  Rockingham,  Fullings,  Gahagan,  Galloway,  Gar- 
land, George,  Graham  of  Montgomery,  Grant  of  Wayne, 
Gully,  Gunter,  Hayes  of  Halifax,  Highsmith,  Hobbs,  Honler, 
Ing,  Kinney,  Mann,  May,  Moore,  Morton,  Mullican,  Murphy, 
Newsom,  Parks,  Peterson,  Ragland,  Ra}r,  Renfrow,  Bobbins, 
Smith,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Watts,  Welker  and  Williamson — 50. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Aydlott,  Benbow,  Bradley,  Candler,  Cher- 
ry, Ellis,  Eppes,  Etheridge,  Forkner,  French  of  Chowan, 
Graham  of  Orange,  Grant  of  Northampton,  Hall,  Hare,  Har- 
ris of  Franklin,  Hodnett,  Hollo  well,  Flyman,  Jones  of  Cald- 
well, Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir, 
Legg,  Lennon,  Logan,  Long,  Marshall,    Merritt,  McDonald 


1868.]  CONTENTION  JOURNAL.  187 

of  Moore,  Nance,  Nicholson,  Pierson,  Pool,  Read,  Rhodes, 
Rodman  and  Rose — 38. 

Leave  of  absence  was  granted 

Mr.  McDonald,  of  Chatham,  until  Thursday  next. 

Mr.  King,  of  Lincoln,  until  Monday  next. 

Mr.  Galloway  moved  a  recess  until  7i  o'clock. 

The  motion  did  not  prevail. 

Mr.  Harris,  of  Wake,  called  up  his  resolution  in  relation  to 
the  restriction  of  members  in  their  speaking. 

After  some  discussion, 

On  motion,  the  House  adjourned. 


THURSDAY,  February  13th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  S.  S.  Ashley. 

The  President  announced  a  quorum. 

The  Journal  of  "Wednesday  was  read  and  approved. 

Mr.  Galloway  presented  a  petition  from  the  County  Com- 
mittee of  New  Hanover  County. 

Referred  to  the  Committee  on  Suffrage. 

Mr.  Candler  presented  a  petition  of  divorce  in  favor  of 
Matilda  Anderson. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Sweet  introduced  an  ordinance  for  the  appointment  of 
a  collector  of  taxes  for  the  City  of  Newbern. 

Referred  to  the  Committee  on  Counties,  Towns,  &c. 

Mr.  Rich  introduced  an  ordinance  appointing  a  Commis- 
sioner on  Immigration. 

Ordered  to  be  printed. 

Mr.  Cox  presented  a  petition  of  divorce  in  favor  of  Archi- 
bald Harvy. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Rodman  introduced  an  ordinance  for  the  relief  of  the 
people. 

Ordered  to  be  printed. 


188  CONVENTION  JOUENAL.  [Session 

Mr.  Stilly  introduced  a  resolution  requesting  Congress  to 
reduce  the  tax  on  brandy  distilled  from  fruits. 

Referred  to  the  Committee  on  Tobacco  Tax. 

Mr.  Watts  introduced  an  ordinance  for  the  relief  of  the 
people. 

Lies  over  under  the  rules. 

UNFINISHED   BUSINESS. 

The  following  resolution  of  Mr.  Abbott,  was  taken  up,  and, 

On  motion,  adopted. 

Resolved,  That  no  one  shall  move  the  previous  question 
except  the  Chairman  of  a  Committee,  whose  report  is  under 
consideration,  the  mover  of  a  resolution  or  the  author  of  a 
minority  report. 

The  following  resolution  of  Mr.  Tourgee,  was  taken  up  and 
adopted : 

Resolved,  That  on  and  after  Friday  the  14th  instant,  this 
Convention  hold  two  sessions  daily,  commencing  at  10  o'clock, 
A.  M.,  and  1\  P.  M. 

The  following  preamble  and  resolution  presented  by  Mr. 
Forkner,  was  taken  up,  and, 

On  motion,  was  adopted  : 

Whereas,  This  Convention  has  passed  an  ordinance  allow- 
ing men  of  legal  profession,  of  a  good  moral  character,  by 
exhibiting  a  certificate  granted  by  the  Courts  of  other  States, 
to  the  bar  in  the  Courts  of  North-Carolina  ;  and  whereas, 
many  of  the  States  requiring  nothing  more  than  the  establish- 
ment of  a  good  moral  character,  to  admit  men  to  the  bar ;  and 
that  citizens  of  this  State  should  be  on  equality  with  those  of 
other  States  ;  therefore, 

Be  it  resolved,  That  the  Committee  on  the  Judiciary  be  in- 
structed to  report  an  ordinance  or  clause  for  the  Constitution, 
which  will  allow  citizens  of  North-Carolina  to  practice,  and 
plead  law  in  the  Courts  of  the  State  by  establishing  a  good 
moral  character  and  paying  necessary  fees. 
Leave  of  absence  was  granted  to, 

Messrs,  Hyman  and  Eppes  until  Monday  evening. 


1868.]  CONTENTION  JOURNAL.  189 

Also,  to  Mr.  Moore  for  two  clays. 

On  motion  of  Mr.  Sweet,  the  report  of  the  Committee  on  a 
Preamble  and  Bill  of  Rights  was  postponed  until  Friday  next 
at  11  o'clock. 

On  motion,  the  following  report  of  the  Committee  on  the 
Legislature,  its  organization,  &c,  was  taken  up  : 

EEPOKT  OF  THE  COMMITTEE  ON  LEGISLATURE, 
ITS  ORGANIZATION,  &o. 

A  majority  of  the  Committee  on  Legislature,  its  organiza- 
tion, the  members,  apportionment,  election,  tenure  of  office 
of  its  members,  its  powers,  duties,  except  as  otherwise  re- 
ferred, would  respectfully  submit  the  following  report  as  the 
result  of  their  deliberations  ; 

ARTICLE, 

Section  1.  The  Legislative  authority  shall  be  vested  in 
two  distinct  branches,  both  dependent  on  the  people,  to-wit  i 
A  Senate  and  House  of  Commons. 

Sec.  2.  The  Senate  and  House  of  Commons  shall  meet  an- 
nually, on  the  third  Monday  of  November,  and  when  assem- 
bled, shall  be  denominated  the  General  Assembly.  Neither 
House  shall  proceed  upon  public  business,  unless  a  majority 
of  all  the  members  are  actually  present. 

Sec.  3.  The  Senate  shall  be  composed  of  fifty  Senators s 
biennially  chosen  by  ballot. 

Sec  4.  Until  the  first  session  of  the  General  Assembly, 
which  shall  be  had  after  the  year  eighteen  hundred  and  sev- 
enty-one, the  Senate  shall  be  composed  of  members  to  be 
elected  from  the  several  districts,  to  consist  of  the  Counties 
hereafter  named,  that  is  to  say  ; 

1st   District   Perquimans  and  Pasquotank, 
2d  "         Camden  and  Currituck. 

3d  "         Gates  and  Chowan. 

4th         "         Tyrrell  and  Hyde. 
5th        "        Northampton* 


190  CONVENTION  JOURNAL.  [Session 

6th  District  Hertford. 


7th 

a 

Bertie. 

8th 

a 

Martin  and  Washington. 

9th 

u 

Halifax. 

10th 

a 

Edgecombe  and  Wilson. 

11th 

a 

Pitt. 

12th 

u 

Beaufort. 

13th 

n 

Craven. 

14th 

a 

Carteret  and  Jones. 

15th 

a 

Greene  and  Lenoir. 

16th 

a 

New  Hanover. 

17th 

a 

Duplin. 

18th 

a 

Onslow. 

19th 

u 

Brunswick,  Bladen  and  Columbus 

20th 

a 

Cumberland  and  Harnett. 

21st 

a 

Sampson. 

22d 

a 

Wayne. 

23d 

a 

Johnston. 

24th 

a 

Wake. 

25th 

a 

Nash. 

26th 

u 

Franklin. 

27th 

u 

Warren. 

28th 

a 

Granville. 

29th 

a 

Person. 

30th 

a 

Orange. 

31st 

a 

Alamance  and  Randolph. 

32d 

ti 

Chatham. 

33d 

a 

Moore  and  Montgomery. 

34th 

a 

Richmond  and  Robeson. 

35th 

a 

Anson  and  Union. 

36th 

a 

Guilford. 

37th 

a 

Caswell. 

38th 

a 

Rockingham. 

39th 

a 

Mecklenburg. 

40th 

a 

Stanly  and  Cabarrus. 

41st 

a 

Rowan  and  Davie. 

42d 

u 

Davidson. 

43d 

a 

Forsyth  and  Stokes. 

1863.]  CONVENTION  JOUENAL.  191 

44th  District'  Ashe,  Surry,  Watauga,  Yadkin  &  Alleghany. 

45th         "         "Wilkes,  Iredell  and  Alexander. 

46th         "         Burke,  McDowell  and  Caldwell. 

47th         "         Lincoln,  Gaston  and  Catawba. 

48th         "         Eu%rford,  Cleaveland  and  Polk. 

49th  "  Buncombe,  Henderson,  Yancy,  Madison, 
Transylvania  and  Mitchell. 

50th         "         Haywood,  Macon,  Cherokee,  Jackson  &  Clay. 

Sec.  5.  An  enumeration  of  the  inhabitants  of  the  State 
shall  be  taken  under  the  direction  of  the  General  Assembly 
in  the  year  one  thousand  eight  hundred  and  seventy-five,  and 
at  the  end  of  every  ten  years  thereafter,  and  the  said  Senate 
Districts  shall  be  so  altered  by  the  General  Assembly  at  the 
first  session  after  the  return  of  every  enumeration  taken  as 
aforesaid,  or  by  order  of  Congress,  that  each  Senate  District 
shall  contain  as  nearly  as  may  be,  an  equal  number  of  inhab- 
itants excluding  aliens  and  Indians  not  taxed,  and  shall  re- 
main  unaltered  until  the  return  of  another  enumeration,  and 
shall  at  all  times  consist  oi  contiguous  territory ;  and  no 
County  shall  be  divided  in  the  formation  of  a  Senate  District 
except  such  County  shall  be  equitably  entitled  to  two  or  more 
Senators. 

Sec.  6.  The  House  of  Commons  shall  be  composed  of  one 
hundred  and  twenty  representatives,  biennially  chosen  by  bal- 
lot, to  be  elected  by  the  Counties  respectively  according  to 
their  population,  and  each  County  shall  have  at  least  one  rep- 
resentative in  the  House  of  Commons,  although  it  may  not 
contain  the  requisite  ratio  of  representation.  This  apportion- 
ment shall  be  made  by  the  General  Assembly  at  the  respec- 
tive times  and  periods  when  the  districts  for  the  Senate  are 
hereinbefore  directed  to  be  laid  off. 

Sec  7.  In  making  the  apportionment  in  the  House  of  Com- 
mons, the  ratio  of  representation  shall  be  ascertained  by  divi- 
ding the  amount  of  population  of  the  State,  exclusive  of  aliens 
and  Indians  not  taxed,  and  after  deducting  that  comprehend- 
ed within  those  Counties  which  do  not  severally  contain  the 
one  hundred  and  twentieth  part  of  the  entire  population  ot 
the  State,  exclusive  of  aliens  and  Indians  not  taxed,  by  the 


192  CONVENTION  JOURNAL.  [Session 


number  of  representatives  less  the  number  assigned  to  the 
said  Counties,  To  each  County  containing  the  said  raitio,  and 
not  twice  the  said  ratio,  there  shall  be  assigned  one  represen- 
tative ;  to  each  County  containing  twire  but  not  three  times 
the  said  ratio,  there  shall  be  assigneW  two  representatives, 
and  so  on  progressing ;  and  then  the  remaining  representa- 
tives shall  be  assigned  severally  to  the  Counties  having  the 
largest  fractions. 

Sec.  8.  Until  the  General  Assembly  shall  have  made  the 
•apportionment  as  hereinbefore  provided,  the  House  of  Com- 
mons shall  be  composed  of  members  elected  from  the  Coun* 
ties  in  the  following  manner,   to  wit:    The  County  of  Wake 
shall  elect  four  members  ;  the  Counties  of  Craven,  Granville, 
Halifax  and  New  Hanover,  shall  elect  three  members  each ; 
the  Counties   of  Caswell,  Chatham,  Cumberland,  Davidson, 
Duplin,  Edgecombe,  Franklin,  Guilford,  Iredell,  Johnston, 
Mecklenburg,  Northampton,   Orange,  Pitt,  Randolph,  Robe- 
son, Rockingham,  Rowan,  Warren    and  Wayne^  shall  elect 
two  members  each ;  the   Counties   of  Alamance,  Alexander, 
Allegany,  Anson,  Ashe,  Beaufort,  Bertie,  Bladen,  Brunswick, 
Buncombe,  Burke,  Cabarrus,  Caldwell,  Camden, 'Carteret,  Ca- 
tawba, Cherokee,  Chowan,  Clay,   Cleveland,  Columbus,  Cur- 
rituck, Davie,  Forsyth,  Gaston,  Gates,  Greene,  Harnett,  Hay- 
wood, Henderson,  Hertford,   Hyde,  Jackson,  Jones,  Lenoir, 
Lincoln,  Macon,  Madison,  Martin,  McDowell,  Mitchell,  Mont- 
gomery,  Moore,  Nash,    Onslow,   Pasquotank,   Perquimans, 
Person,    Polk,    Richmond,    Rutherford,    Sampson,    Stanly, 
Stokes,  Surry,    Transylvania,    Tyrrell,    Union,    Washington, 
Watauga,  Wilkes,   Wilson,   Yadkin   and  Yancey,  shall  elect 
one  member  each. 

Sec.  9.  Each  member  of  the  Senate  shall  be  not  less  than 
twenty -five  years  of  age  ;  shall  have  resided  in  the  State,  as  a 
citizen  two  years,  and  shall  have  usually  resided  in  the  dis- 
trict for  which  he  is  chosen  one  year  immediately  preceeding 
his  election. 

Sec  10.  Each  member  of  the  House  of  Commons  shall  be 
not  less  than  twenty-one  years  of  age  ;  shall  have  resided  in 
the  State  as  a  citizen  two  years,  and  shall  have  usually  resi- 


1868.]  CONTENTION  JOURNAL.  193 

dec!  in  the  county  in  which  he  is  chosen,  for  one  year  imme- 
diately preceeding  his  election. 

Sec.  11.  In  the  election  of  all  officers,  whose  appointment 
shall  be  conferred  on  the  General  Assembly  by  the  Constitu- 
tion, the  vote  shall  be  viva  voce. 

Sec  12.  The  General  Assembly  shall  have  power  to  pass 
laws  regulating  the  mode  of  appointing  and  removing  militia 
officers. 

Sec.  13.  The  General  Assembly  shall  have  power  to  pass 
general  laws  regulating  divorce  and  alimony,  but  shall  not 
have  power  to  grant  a  divorce  or  secure  alimony  in  any  indi- 
vidual case. 

Sec.  14.  The  General  Assembly  shall  not  have  power  to 
pass  any  private  law,  to  alter  the  name  of  any  person,  or  to 
legitimate  any  person  not  born  in  lawful  wedlock,  or  to  re- 
store to  the  rights  of  citizenship  any  person  convicted  of  an  in* 
famous  crime  ;  but  shall  have  power  to  pass  general  laws  reg-- 
ulating  the  same. 

Sec.  15.  The  General  Assembly  shall  not  pass  any  private 
•law,  unless  it  shall  be  made  to  appear  that  thirty  days'  notice 
•of  application  to  pass  such  law  shall  have  been  given,  under 
such  directions  and  in  such  manner  as  shall  be  provided  by 
•law. 

Sec  16.  If  vacancies  shall  occur  in  the  General  Assembly, 
by  death,  resignation  or  otherwise,  writs  of  election  shall  be 
issued  by  the  Governor,  under  such  regulations  as  may  be 
prescribed  by  law, 

Sec  17.  No  law  shall  be  passed  to  raise  money  on  the 
credit  of  the  State,  or  to  pledge  the  faith  of  the  State  directly 
or  indirectly,  for  the  payment  of  any  debt,  or  to  impose  any 
tax  upon  the  people  of  the  State,  or  to  allow  the  Counties, 
Cities  or  Towns,  to  do  so,  unless  the  bill  for  that  .purpose  shall 
have  been  read  three  several  times  in  each  House  of  the  Gen- 
eral Assembly,  and  passed  three  several  readings,  which  read- 
ings shall  have  been  on  three  different  days,  and  agreed  to  by 
a  majority  of  the  whole  number  of  members  of  each  House, 
•respectively,   and  unless   the  .yeas  and   nays,  on  the   second 

13 


m  CONVENTION  JOURNAL.  [Session 

and  third  readings  of  the  bill,  shall  have  been  entered  on  the 
Journal. 

Sec.  18.  The  General  Assembly  shall  regulate  entails  in 
such  a  manner  as  to  prevent  perpetuities. 

Sec.  19.  Each  House  shall  keep  a  Journal  of  its  proceed- 
ings, which  shall  be  printed  and  made  public  immediately 
after  the  adjournment  of  the  General  Assembly. 

Sec.  20.  Any  member  of  either  House  may  dissent  from 
and  protest  against  any  act  or  resolve  which  he  may  think  in- 
jurious to  the  public,  or  any  individual,  and  have  the  reasons 
of  his  dissent  entered  on  the  Journal. 

Sec.  21.  The  House  of  Commons  shall  choose  their  own 
speaker  and  other  officers. 

Sec.  22.  The  Lieutenant  Governor  shall  preside  in  the 
Senate,  but  shall  have  no  vote,,  unless  they  may  be  equally 
divided. 

Sec.  23.  The  Senate  shall  choose  their  other  officers,  and 
also  a  speaker  pro  tempore  in  the  absence  of  the  Lieutenant 
Governor,  or  when  he  shall  exercise  the  office  of  Governor. 

Sec.  24.  The  style  of  the  acts  shall  be,  "  The  General  As- 
sembly of  North-Carolina  do  enact,  as  follows:" 

Sec.  25.  Each  House  shall  be  judge  of  the  qualifications 
and  elections  of  its  own  members;  shall  sit  upon  its  own 
adjournments  from  day  to  day ;  prepare  bills  to  be  passed  in- 
to laws,  and  may  also  jointly  adjourn  to  any  future  day  or 
other  place. 

Sec  26.  All  bills  and  resolutions  of  a  legislative  nature 
shall  be  read  three  times  in  each  House  before  they  pass  into 
laws,  and  shall  be  signed  by  the  presiding  officers  of  both 
Houses. 

Sec  27.  Each  member  of  the  General  Assembly,  before 
taking  his  seat,  shall  take  an  oath  or  affirmation  that  to  the 
best  of  his  knowledge  and  belief,  he  is  qualified  under  the 
Constitution  of  the  State  to  take  his  seat ;  that  he  will  sup- 
port the  Constitution  of  the  United  States  and  the  laws 
made  in  pursuance  thereof,  and  will  faithfully  discharge 
his  duties  as  a  member  of  the  Senate  (or  House  of  Com- 
mons.) 


S  868.]  CONVENTION  JOUKNAL.  195 

Sec.  28.  Each  person  elected  to  the  Senate  or  House  of 
Commons  shall  hold  his  seat  from  the  time  of  his  election  un- 
til the  next  biennial  election. 

Sec  29.  Upon  motion  made,  and  seconded  in  either  House 
by  one  fifth  of  the  members  present,  the  yeas  and  nays  upon 
any  question  shall  be  taken,  and  entered  on  the  journals. 

Sec.  30.  The  election  for  members  to  the  Senate  and 
House  of  Commons  of  the  General  Assembly,  shall  be  held 
for  the  respective  districts  and  Counties,  at  the  places  where 
they  are  now  held,  or  may  be  directed  hereafter  to  be  held, 

in  such  manner  as  may  be  prescribed  by  law,  on  the- — 

in ,  in  the  }^ear  one  thousand  eight-hundred  and  seven- 
ty, and  every  two  years  thereafter. 

All  of  which  is  respectfully  submitted. 

W.  H.  S.  SWEET,   Chairman. 
MARK  MAY, 
SAMUEL  FOBKNER, 
HAYNES  LENNON, 
LEWIS  S.  MULLIGAN, 
HENRY  E.  CHILLSON, 
JOHN  H.  FRENCH, 
CUFFEE  MAYO, 
JAMES  M.  TURNER, 
MATCHET  TAYLOR, 
JERE.  SMITH. 

The  undersigned,  a  minority  of  the  Committee  on  Legisla- 
ture, its  organization,  the  number,  apportionments,  election 
&c,  dissent  from  that  part  of  the  report  of  the  majority 
which  fixes  actual  population  as  the  basis  of  representation  in 
both  Houses  of  the  Legislature  ;  and  also  to  that  part  of  said 
report  which  ignores  the  time  honored  Constitutional  provi- 
sion of  North-Carolina,  requiring  a  property  qualification  for 
members  of  the  Senate  and  House  of  Commons. 

JOHN  G.  MARLER. 

The  report  passed  its  first  reading. 
On  the  second  reading. 
Section  first  was  read. 


55 
J 


196  CONTENTION  JOURNAL.  [Session 

Mr.  Graham,  of  Orange,  moved  to  strike  out  the  word  "  an- 
nually," and  insert  "  biennially." 

The  amendment  was  lost. 

The  section,  as  read,  was  adopted. 

Sections  second  and  third  were  read  and  adopted. 

Section  fourth  was  read. 

Mr.  Graham  moved  to  amend  by  substituting  the  following 
as  section  fourth  : 

"  The  Districts  shall  remain  as  they  are  until  the  first  ses- 
sion of  the  General  Assembly  after  the  year  1871,  and  at  such 
session,  and  then  every  ten  years  thereafter,  shall  be  laid  off 
by  the  General  Assembly  in  proportion  to  the  public  taxes 
paid  in  the  Treasury  of  the  State  by  the  citizens  thereof,  and 
the  average  of  the  public  taxes  paid  by  each  County  into  the 
Treasury  of  the  State  for  three  years  preceeding  the  laying  of 
the  Districts,  shall  be  considered  as  its  proportion  of  the  public 
taxes  and  constitute  the  basis  of  apportionment  5  Provided, 
That  no  County  shall  be  divided  in  the  formation  of  a  Senato- 
rial District,  and  when  there  are  one  or  more  Counties  having 
an  excess  of  taxation  above  the  ratio,  to  form  a  Senatorial 
District,  adjoining  a  County  or  Counties  deficient  in  such 
ratio,  the  excess  or  excesses  aforesaid  shall,  added  to  the  tax- 
ation of  the  County  or  Counties  deficient ;  and  if,  with  such 
addition,  the  County  or  Counties  it  shall  have  the  requisite 
ratio,  such  County  and  Counties  each  shall  constitute  a  Sena- 
torial District." 

The  yeas  and  nays  were  demanded,  and  the  substitute  was 
lost  by  the  following  vote,  yeas  16,  nays  88. 

Those  who  voted  in  affirmative  are : 

Messrs.  Bradley,  Durham,  Ellis,  Etheridge,  Graham  of 
'Orange,  Hall,  Hare,  Hodnett,  Hollowell,  Holt,  Lennon,  Mar- 
shall, McCubbins,  Merritt,  Peterson  and  Stilly — 16. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rocking- 
ham., French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Gar- 


1868.]  CONTENTION  JOUKNAL.  197 

land,  George,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Harris  of 
Wake,  Llayes  of  Halifax,  Highsmith,  Hobbs,  Homer,  Hood, 
Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  Kin- 
ney, Lafiin,  Lee,  Legg,  Logan,  Long,  May,  Mayo,  McDonald. 
of  Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican, 
Murphy,  Newsom,  Nicholson,  Patrick,  Parker,  Parks,  Petree, 
Pierson,  Pool,  Ragland,  Ray,  Bead,  Renfrew,  Rhodes,  Rob- 
bins,  Rodman,  Rose,  Smith,  Stilwell,  Sweet,  Taylor,  Teague, 
Tourgee,  Trogden,  Tucker,  Watts,  Welker,  Williams  of  Wake 
and  Williamson — 88. 

Mr.  Pool  offered  the  following  substitute  to  section  fourth : 

"  The  basis  of  representation  in  the  Senate  shall  remain  as 
at  present  until  the  year  1871,  when  it  shall  be  the  duty  oi 
the  Legislature  to  apportion  the  Senatorial  Districts  upon  the 
basis  of  population. 

The  substitute  was  not  adopted. 

Mr.  Sweet  corrected  the  report  by  transferring  "  Transyl- 
vania," from  the  43d  District  to  the  40th  District. 

Mr.  Rich  moved  to  recommit  the  fourth  section  to  the  Com- 
mittee. 

The  motion  was  lost. 

Mr.  Ellis  moved  to  postpone  section  fourth  until  to-morrow. 

The  motion  did  not  prevail. 

Mr.  Rodman  moved  to  recommit  sections  second,  third  and 
fourth  to  the  Committee. 

Mr.  Ellis  moved  to  amend  by  adding  section  37th. 

The  amendment  was  accepted. 

The  motion  as  amended  was  lost. 

Section  fourth,  as  read,  was  adopted. 

Sections  5th,  6th,  7th,  8th,  9th,  10th,  11th,  12th,  13th,  14th, 
15th,  16th,  17th,  18th,  19th,  20th,  21st,  22d,  23d,  24th,  25th 
and  26th,  were  read  and  adopted. 

Section  27th  was  read. 

Mr.  Graham,  of  Orange,  moved  to  amend  by  striking  out 
all  after  the  word  "  affirmation,"  on  the  second  line,  down  to 
"  and,"  on  the  sixth  line,  and  insert,  "  to  support  the  Consti- 


198  CONTENTION  JOURNAL.  [Session 

tution  of  die  United  States,  and  the  Constitution  of  North- 
Carolina." 

The  amendment  was  lost. 

Mr.  Abbott  moved  to  amend  by  striking  out  all  after  the 
word  "  affirmation,"  in  the  second  line,  clown  to  the  word 
"  and,"  in  the  sixth  line,  and  insert,  u  That  he  will  support  the 
Constitution  and  laws  of  the  United  States  and  of  the  State 
of  North  Carolina." 

Mr.  Forkner  moved  to  insert  the  word  "  Constitution,"  be- 
tween the  words  "  the  "  and  "  of,"  so  as  to  read :  "  That  he 
will  support  the  Constitution  and  laws  of  the  United  States, 
and  the  Constitution  of  the  State  of  North-Carolina." 

The  amendment  was  accepted,  and  the  section,  as  amended, 
was  adopted. 

Section  28th  was  read. 

Mr.  Rodman  moved  to  amend  by  adding  to  the  section : 

"  Unless  it  shall  be  sooner  vacated  by  death,  resignation  or 
otherwise,  according  to  law." 

The  amendment  was  carried,  and  the  section,  as  amended, 
was  adopted. 

Section  29th  was  read  and  adopted. 

Section  30th  was  read. 

Mr.  Jones,  of  Washington,  moved  to  fill  the  blank  in  the 
section  by  inserting,  "  first  Monday  in  November," 

Which  was  lost. 

Mr.  Forkner  moved  to  amend  by  inserting,  "  first  Thursday 
in  August," 

Which  was  adopted. 

Mr.  Rodman  offered  the  following  as  an  addition  to  section 
30th : 

"  Bat  the  General  Assembly  may  change  the  time  of  hold- 
ing the  elections.  The  first  election  shall  be  held  when  the 
vote  shall  be  taken  upon  the  adoption  of  this  Constitution,  by 
the  voters  of  the  State,  and  the  General  Assembly  then  elected, 
shall  meet  on  the  thirtieth  day  after  the  approval  thereof,  by 
the  Congress  of  the  United  States,  if  it  fall  not  on  a  Sunday, 
but  if  it  shall  so  fall,  then  on  the  next  day  thereafter,  and  the 


186S.]  CONVENTION   JOURNAL.  199 

members  then  elected,  shall  hold  their  seats  until  their  succes- 
sors are  elected  at  a  regular  election." 

The  amendment  was  carried. 

The  section,  as  amended,  was, 

On  motion,  adopted. 

On  motion,  the  House  adjourned. 


FRIDAY,  February  14th,  1S6S. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev..  Mr.  May. 

The  President  announced  a  quorum. 

The  Journal  of  Thursday  was  read  and  approved. 

The  following*  communication  was  received  from  General 
Miles  and  read  to  the  Convention  : 

HEADQURTERS  ASSISTANT  COMMISSIONERS, 

State  of  North-Carolina, 
Raleigh,  N.  C,  February  12th,  1S68. 

T.  A.  Bvrnes,  Secretary  of  the  Constitutional 

Convention  of  North- Carolina  : 

Dear  Sir  : — Tour  letter  of  the  10th  inst.,  enclosing  a  copy 
of  a  resolution  of  thanks  was  duly  received. 

Please  tender  my  grateful  acknowledgements  to  the  Con- 
vention for  their  kind  and  complimentary  consideration  of 
the  services  in  administering  the  affairs  of  the  Bureau  with 
my  ardent  desires  that  the  Convention  may  successfully  com- 
plete its  work  of  reconstruction  and  the  State  of  North-Caro- 
lina fully  restored  to  her  place  in  the  Union  of  States. 
I  have  the  honor  to  remain 

With  great  respect, 

Your  obedient  servant. 
NELSON  A.  MILES, 
Br&oH.  Maj.  Gent  TJ.  8.  A., 
,  Assistant  Commissioner. 


200  CONTENTION  JOURNAL.  [Session 

The  following  order,  No.  20,  was  received  from  General 
Canby,  and  read  to  the  House  : 

HEADQUARTERS    SECOND   MILITARY  DISTRICT, 

Charleston,  S.  C,  February  12th,  1868. 

General  Orders, 
No.  20. 

The  Constitutional  Convention  assembled  in  North-Caro- 
lina, under  the  authority  of  the  laws  of  the  United  States, 
having,  in  conformity  with  the  eighth  section  of  the  law  of 
March  23,  1861,  (supplimentary  to  the  law  of  March  2,  1867,. 
"  To  provide  for  the  more  efficient  government  of  the  rebel 
States,")  by  an  Ordinance  adopted  in  Convention  on  the 
sixth  day  of  February,  1868,  provided  for  the  levy  and  collec- 
tion of  a  tax  of  one-twentieth  of  one  per  cent,  on  the  real  and 
personal  property  in  the  State,,  to  raise  monies  to  pay  the  ex- 
penses of  said  Convention ;  and  having  directed  that  the  tax 
so  provided  for  shall  be  paid  into  the  Treasury  of  the  State 
in  reimbursement  for  advances  made  from  the  said  Treasury, 
for  the  purpose  of  defraying  the  current  expenses  of  the  Con- 
vention, the  payment  of  its  officers,  members  and  contingent 
accounts  ;  It  is  ordered, 

First.  That  the  assessors  of  taxes  in  the  State  of  North- 
Carolina  shall  add  to  the  assessments  already  made  or  about 
to  be  made  for  the  year  1868  under  the  authority  of  the  laws 
of  the  State,  the  tax  levied  under  the  ordinance  before  cited 
and  hereinafter  published,  and  the  collectors  of  taxes  will  pro- 
ceed to  collect  the  same  at  the  time  and  in  the  manner  pre- 
scribed by  the  laws  of  the  State  for  State  taxes,  and  pay  the 
same  into  the  Treasury  of  the  State. 

Second.  That  the  Treasurer  of  the  State  is  hereby  author- 
ised and  directed  to  pay  tkejaea?  diem  and  mileage  of  the  del- 
egates, the  compensation  of  the  officers,  and  the  contingent 
expenses  of  the  Convention,  upon  the  warrants  of  the  Presi- 
dent, in  the  usual  form. 

By  Command  of  Bvt.  Major  General  E.  R.  S.  Canby  : 

LOUIS  Y.  CAZIARC, 
A  ide-de-  Camp, 
Actg.  Asst.  Adjt.  GenL 


186S.]  CONVENTION"  JOURNAL.  201 

Section  1.  Be  it  ordained "by  the  people  of  North- Carolina r 
in  Convention  assembled,  That  for  the  purpose  of  raising" 
monies  to  pay  the  expenses  of  this  Convention,  according  to 
the  acts  o±  Congress  in  such  case  made  and  provided,  a  tax  of 
one  twentieth  of  one  per  cent,  shall  "be  levied  on  the  land  in 
North-Carolina,  according  to  its  valuation  in  the  year  I860,, 
subject  to  such  changes  therein  as  have  been  since  made  by 
law,  and  on  the  personal  property  within  said  State  accord- 
ing to  the  valuation  thereof  to  be  made  in  the  year  1868. 
This  tax  shall  be  collected,  paid  and  accounted  for,  at  the 
Treasury  of  the  State,  at  the  times  when,  and  in  the  same 
manner  as  other  State  taxes  are  required  by  law  to  be. 

Sec.  2.  Be  it  further  ordained,  That  the  collecting  officers- 
shall  be  subject  to  the  same  penalties  for  failure  to  collect, 
pay  and  account  for  the  taxes  hereby  levied  as  they  now  are 
for  such  failure  in  respect  to  other  taxes. 

Sec  3.  Be  it  farther  ordained,  That  the  said  collecting 
officers  shall  receive  the  like  compensation  for  collecting  the 
tax,  hereby  levied  as  for  the  collection  of  other  taxes. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  passage. 

Leave  of  absence  was  granted  to  Mr.  Harris,  of  Franklin,, 
until  Monday  next. 

Mr.  Jones,  of  Washington,  presented  a  petition  of  divorce 
of  James  Overton  and  Charlotte  Overton. 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  McDonald,  of  Chatham,  introduced  an  ordinance  in 
favor  of  Hugh  B.  Guthrie,  sheriff  of  Orange. 

Lies  over  under  the  rules. 

Mr.  Abbott  presented  an  ordinance  designating  a  deposito- 
ry for  the  State  funds. 

Referred  to  the  Committee  on  Finance. 

Mr.  Congleton  introduced  a  resolution  providing  for  the 
abolishment  of  the  Senate. 

Referred  to  the  Committee  on  Legislature. 

Mr.  McDonald,  of  Chatham,  introduced  an  ordinance  to. 
repudiate  all  debts  created  prior  to  May  1st,  1865. 

Referred  to  the  Committee  on  Relief, 


202  CONVENTION  JOURNAL.  [Session 

Mr.  Rose  presented  a  resolution  in  relation  to  debts  created 
prior  to  May  1st,  1865. 

Referred  to  the  Committee  on  relief. 

UNFINISHED   BUSINESS. 

The  ordinance  of  Mr.  Welker  on  the  distillation  of  cram 
was  taken  up. 

Mr.  Welker  moved  to  amend  Section  1st  by  striking  out 
" February  1st,  1868,"  and  insert  "after  the  passage  of  this 
act." 

The  amendment  was  accepted. 

Mr.  McCubbins  moved  to  strikeout  "June"  and  insert 
"  January." 

The  amendment  was  accepted. 

Mr.  McDonald,  of  Chatham  moved  to  strike  out  the  entire 
section. 

Pending  the  discussion,  the  hour  of  11  o'clock  arrived,  and 
the  report  of  the  Committee  on  a  Preamble  and  Bill  ol 
Rights  was  taken  up. 

Sections  2d  and  3d  were  read  and  adopted. 

The  President  announced  the  following  Committees  : 

On  Tobacco  Tax. — Messrs  Petree,  Read  and  McCubbins. 

Committee  to  investigate  the  case  of  Mr.  Durham. — Messrs. 
Harris,  of  Wake,  Gahagan  and  Pool. 

On  motion  the  House  adjourned  to  TJ  o'clock,  P.  M. 


AFTERNOON  SESSION,  February  14th,  1868. 

The  Convention  was  called  to  order  at  7^  o'clock  by  the 
President. 

The  President  anounced  a  quorum. 

The  Journal  of  this  morning  was  read  and  approved. 

Section  4th  of  the  report  of  the  Committee  on  a  Preamble 
and  Pill  of  Rights  was  taken  up. 

The  veas  and  nays  were  demanded. 

The  section  was  adopted  by  the  following  vote : 


1S6S.]  CONVENTION  JOURNAL.  203 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Carter,  Colgrove, 
Congleton,  Dickey,  Dowd,  Duckworth,  Etheridge,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rocking- 
ham, French  of  Chowan,  Fnllings,  Gahagan,  Galloway, 
George,  Glover,  Graham  ot  Montgomery,  Grant  of  Wavne, 
Grant  of  Northampton,  Gimter,  Harris  of  Wake,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Hobbs,  Hod- 
nett,  Hofrler,  Hollowell,  Jones  of  Caldwell,  Jones  of  Washing- 
ton, Kinney,  Laflin,  Lee,  Legg,  Logan,  Long,  Mann,  Mayo, 
Marshall,  McCubbins,  McDonald  of  Chatham,  McDonald  of 
Moore,  Mnllican,  Murphy,  Nance,  Newsom,  Nicholson, 
Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Rag- 
land,  Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rose,  Smith, 
Stilly,  Stilwell,  Teague,  Tourgee,  Trogden,  Watts.  Welker 
and  Williamson — 77. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Hall,  Hare  and  Holt — -4. 

Section  fifth  was  read,  and  the  yeas  and  nays  were  de- 
manded. 

The  section  was  adopted  by  the   following  vote,  yeas  76, 


nays  3 


Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Barnes,  Carter, 
Congleton,  Dickey,  Dowd,  Duckworth,  Etheridge,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fallings,  Gahagan,  Galloway,  George, 
Glover,  Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of 
Northampton,  Gimter,  Harris  of  Wake,  Hay,  Hayes  of  Robe- 
son, Hayes  of  Halifax,  Heaton,  Plobbs,  Hodnett,  Hoffler,  Hol- 
lowell, Jones  of  Caldwell,  Kinney,  Laflin,  Lee,  Legg,  Logan, 
Long,  Mann,  Mayo,  Marshall,  McCubbins,  McDonald  of  Chat- 
ham, McDonald  of  Moore,  Mnllican,  Murphy,  Nance,  New- 
som, Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ragland,  Ray,  Renfrow,  Rhodes,  Rich,  Rob- 
bins,  Rose,  Smith,  Stilly,  Stilwell,  Teague,  Tourgee,  Trogden, 
Watts,  Welker  and  Williamson — 76. 

Those  who  voted  in  the  negative  are  : 


201  CONTENTION  JOURNAL.  [Session 

Messrs.  Durham,  Hare  and  Holt — 3. 
Section  6th  was  taken  rip  and  discussed. 
Mr.  Watts  moved  to  amend  by  inserting  after  the  word 
"  PaJj"  in  fifth  lme5  "  or  require  any  County,  Towns,  Corpor- 
ations or  individuals." 

The  yeas  and  nays  were  demanded,  and  the  amendment 
was  lost  by  the  following  vote,  yeas  20,  nays  59  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Barnes,  Bryan,  Chillson,  Congleton,  Graham  of 
Montgomery,  Hay,  McDonald  of  Chatham,  McDonald  of 
Moore,  Morton,  Newsom,  Patrick,  Petree,  Peterson,  Ragland, 
Smith,  Stilly,  Stilwell,  Tourgee,  Watts  and  Welker— 20. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Carey, 
Carter,  Cherry,  Dickey,  Dowd,  Duckworth,  Eppes,  Etheridge, 
Fisher,  Forkner,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  George, 
Glover,  Grant  of  Wayne,  Grant  of  Northampton,  Gunter, 
Harris  of  Wake,  Harris  of  Franklin,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Heaton,  Hobbs,  Hodnett,  Hollowell,Hood, 
Ing,  Jones  of  Caldwell,  Kinney,  Lee,  Legg,  Logan,  Mann, 
Mayo,  McCubbins,  Mullican,  Murphy,  Nicholson,  Parker, 
Parks,  Pierson,  Pool,  Renfrow,  Rhodes,  Rich,  Robbins,  Rose, 
Teague,  Trogden  and  Williamson — 59. 

Mr.  Tourgee  moved  to  submit  section  6th  of  the  Bill  of 
Rights  to  the  people  of  the  State  separate  from  the  Consti- 
tution. 

The  yeas  and  nays  were  demanded. 

The  motion  was  lost  by  the  following  vote,  yeas  15,  nays  56  : 

Those  who  voted  in  the  affirmitive  are : 

Messrs.  Congleton,  Graham  of  Montgomery,  McDonald  of 
Chatham,  McDonald  of  Moore,  Morton,  Murphy,  Newsom, 
Patrick,  Peterson,  Ragland,  Stilly,  Stilwell,  Tourgee,  Watts 
and  Welker — 15. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow,. 
Blume,  Bryan,  Chillson,  Cox,  Dickey,  Duckworth,  Etheridge, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of  Rock- 


1868.]  CONTENTION  JOURNAL.  205 

Ingham,  French  of  Chowan,  Fullings,  Gahagan,  Galloway, 
Glover,  Grant  of  Wayne,  Grant  of  Northampton,  Gunter, 
Harris  of  Wake,  Harris  of  Franklin,  Hayes  of  Robeson,  Hayes 
of  Halifax,  Heaton,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Hood, 
Jones  of  Caldwell,  Kinney,  Lee,  Legg,  Logan,  Mayo,  McCub- 
bins,  Nicholson,  Parker,  Petree,  Pierson,  Pool,  Renfrow, 
Rhodes,  Robbins,  Rose,  Smith,  Teague,  Trogden  and  Wil- 
liamson— '56. 

Messrs.  Andrews  and  Cos  desired  their  names  entered  in 
the  affirmative  on  sections  4th  and  5th  of  the  Bill  of  Rights. 

On  motion  the  House  adjourned. 


SATURDAY,  February  15th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Ellis. 

The  following  members  answered  to  their  names  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Benbow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler, 
Cherry,  Colgrove,  Congleton,  Cox,  Dowd,  Duckworth,  El- 
lis, Etheridge,  Fisher,  Forkner,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Galloway,  George,  Glover,  Graham  of  Montgom- 
ery, Grant  of  Northampton,  Gunter,  Hare,  Harris  of  Wake, 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax-y-  Heaton,  High- 
smith,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt,  Ing, 
Jones  of  Caldwell,*  Jones  ot  Washington,  Kinney,  Laflin, 
Lennon,  Logan,  Long,  May,  Mayo,  Marshall,  McCubbins, 
Merritt,  McDonald  of  Chatham,  McDonald  of  Moore,  Mor- 
ton, Mullican,  Murphy,  Nance,  Newson,  Nicholson,  Pat- 
rick, Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Rag- 
land,  Ray,  Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rod- 
.  man,  Rose,  Stilly j  Stilwell,  Sweet,  Taylor,  Teague,  Tour* 
gee,  Trogden,  Tucker,  Welker,  Williams  of  Wake,  and 
Williamson — 95. 

The  President  announced  a  quorum, 


206  CONTENTION"  JOURNAL.  [Session 

The  Journal  of  Friday,  P.  M.  was  read  and  approved. 

Mr,  Etlieridge  was  allowed  to  record  his  name  in  the  af- 
firmative on  sections  4th  and  5th  of  the  Bill  of  Rights ;  also, 
in  the  negative  on  Mr.  Tourgee's  motion  to  submit  section 
6th  to  the  people. 

Leave  of  absence  was  granted  Mr.  French,  of  Bladen, 
until  Tuesday  next ;  also  to  Mr.  Watts  until  Monday  next. 

Mr.  Forkner  introduced  a  resolution  appointing  a  com- 
mittee on  adjournment. 

Mr.  Forkner  called  for  a  suspension  of  the  rules. 

The  call  was  not   sustained. 

The  resolution  lies  over  under   the  rules. 

UNFINISHED   BUSINESS. 

The  following  Ordinances  on  the  Distillation  of  Grain, 
introduced  by  Mr.  G.  W.  Welker,  was  taken  up  : 

AN    ORDINANCE   PROHIBITING    THE   DISTILLA- 
TION OF  GRAIN. 

Whereas,  In  consequence  of  the  rapid  reduction  of  the 
small  crops  of  corn  in  this  State  the  prices  of  food  have  already 
greatly  advanced,  and  money  being  unusually  scarce,  great 
destitution  already  exists,  and  starvation  must  inevitably 
follow  speedily ;  therefore,  in  order  that  all  the  grain  still 
on  hand  may  be  reserved  for  bread,  and  famine,  at  least 
in  a  degree  averted, 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  That  after  the  passage  of  this  act, 
until  the  1st  day  of  November,  1868,  it  shall  not  be  lawful 
for  any  person  or  persons  to  distil  corn  or  any  other  grain 
into  intoxicating  liquors. 

Sec.  2.  Be  it  further  ordained,  That  any  person  or  per- 
sons who  shall  be  guilty  of  a  violation  of  this  ordinance,  on 
being  convicted  before  a  competent  Court,  shall  pay  a  fine  of 
fifty  dollars  for  the  first  offence,  one  hundred  dollars  for  the 
second  offence,  and  for  the  third  offence  his  distillery  shall  be 


1S68.]  CONVENTION  JOURNAL.  207 

closed  by  the  Sheriff.  In  this  ordinance,  each  day  in  which 
the  distillery  is  in  operation  shall  he  counted  a  separate 
offence. 

Sec.  3.  Be  it  further  ordained,  That  all  fines  recovered 
under  this  ordinance,  (after  the  lawful  costs  are  deducted,) 
shall  be  paid  into  the  Treasury  of  the  County  in  which  the 
conviction  takes  place,  for  the  benefit  of  the  poor  supported 
by  said  County. 

Ratified  this  15th  day  of  February,  A.  D.  186S. 

Mr.  McDonald  moved  to  postpone  indefinitely. 

The  motion  was  not  sustained. 

Mr.  Rich  moved  a  call  of  the  House. 

There  were  96  members  present. 

Mr.  Rich  moved  to  lay  the  ordinance  on  the  table. 

The  yeas  and  nays  were  demanded. 

The  motion  was  lost  by  the  following  vote,  yeas  39,  nays  56. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Blume,  Bryan,  Carey,  Carter, 
Candler,  Chilson,  Colgrove,  Congleton,  Cox,  Duckworth, 
Etheridge,  Fisher,  French  of  Bladen,  French  ot  Chowan, 
Gahagan,  George,  Glover,  Grant  of  Northampton,  Gunter, 
Hare,  Hay,  Heaton,  Ilighsmith,  Hodnett,  Honier,  Hollo- 
well,  Jones  of  Washington,  Kinney?  Laflin,  Lennon,  Lo- 
gan, Long,  May,  Mayo,  Merritt,  McDonald  of  Moore,  Nance, 
Newsom,  Nicholson,  Parker,  Petree,  Peterson,  Pool,  Ray, 
Renfrow,  Rhodes,  Robbins,  Rose,  Taylor,  Tourgee,  Trog- 
den,  Tucker,  Welker,  Williamson — 56. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Andrews,  Aydlott,  Baker,  Barnes,  Benbow,  Brad- 
ley, Dowd,  Durham,  Ellis,  Forkner,  Franklin,  French  of 
Rockingham,  Fallings,  Graham  of  Montgomery,  Hall,  Har- 
ris of  Wake,  Hayes  of  Robeson,  Hayes  of  Halifax,  Hobbs, 
Holt,  log,  Jones  of  Caldwell,  Marshall,  McCubbins,  McDonald 
of  Chatham,  Morton,  Murphy,  Patrick,  Parks,  Pierson, 
Ragland,  Read,  Rich,  Rodman,  Stilly,  Stillwell,  Sweet, 
Teague,  and  Williams  of  Wake — 39. 

Mr.  Colgrove  moved  to  amend  Section  1st  by  striking  out 
"  January,  1869  "  and  insert  "  November,  1868." 


208  CONVENTION  JOURNAL.  [Session 

The  amendment  was  adopted. 

Mr.  Welker  moved  to  amend  Section  2d  by  striking  out  all 
after  the  word  "sheriff"  on  the  6th  line  down  to  the  word 
*i  in  "  on  the  9th  line* 

The  amendment  was  adopted. 

The  ordinance  as  amended  was  then  adopted 

The  Committe  on  Counties,  Towns,  &c,  reported  through 
their  Chairman  as  follows : 

The  Committee  on  Counties,  Towns,  &c,  have  instructed 
•me  to  report  the   ordinance   introduced  by  Mr.  Sweet,  from 
Craven,  entitled  "  An  ordinance  for  the  appointment  of  a  col- 
lector of  taxes  for  the  City  of  Newbern,"  with  the  accompa- 
panying  amendments,  and  recommend  its  passage. 

A.  ¥,  TOURGEE,  Chairman. 

Amendment  to  Section  1st : 

That  the  qualified  voters  ot  the  City  of  Newbern  shall  have 
power  to  elect  a  collector  of  taxes  for  said  City  and  any  qual- 
fied  voter  resident  in  said  City  shall  be  eligible  to  such  of- 
fice. 

Amendment  to  Section  3d  : 

Strike  out  "  to  be  fixed  by  the  Mayor  and  Council  not  to 
exceed,"  and  insert  instead  the  word  "  of." 

Amend  the  title  by  striking  out  the  word  "  appointment " 
and  insert  instead  the  word  "  election." 

The  report  of  the  Committee  was  accepted, 

The  amendments  proposed  by  the  Committee  were  not  sus- 
tained by  the  House. 

The  original  ordinance,  was, 

On  motion,  adopted. 

The  following  is  the  ordinance  as  adopted  \ 

AN  ORDINANCE  FOR  THE  APPOINTMENT  OE  A 
COLLECTOR  OF  TAXES  FOR  THE  CITY  OF 
NEWBERN. 

Section  1.  Beit  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained,  That  the 


im]  CONTENTION  JOURNAL.  209 

Mayor  and  Council  of  the  City  of  Newbern  shall  have  power 
to  appoint  a  collector  of  taxes  for  said  City. 

Sec.  2.  Beit  further  >ordcvmed,  That  it  shall  be  the  duty  of 
said  collector  of  taxes  to  collect  taxes  which  may  be  levied 
agreeably  to  law,  by  the  Mayor  and  Council,  and  in  the  exe- 
cution of  such  duty,  such  Collector  of  taxes  shall  have  and 
'exercise  all  the  power  given  by  law  to  sheriffs  in  the  collec- 
tion of  State  or  County  taxes. 

Sec.  3.  Be  it  further  ordained,  That  the  collector  of  taxes 
for  the  City  of  Newbern  shall,  before  entering  upon  the  duties 
of  his  office,  enter  into  a  bond  with  securities,  approved  by 
the  Mayor  of  said  City,  in  the  sum  of  five  thousand  dollars, 
payable  to  the  Mayor  and  Council  of  the  City  of  Newbern 
with  the  conditions  for  the  due  collection,  payment  and  set- 
tlement of  the  taxes  imposed  by  the  Mayor  and  Council  of 
•said  City,  and  shall  be  entitled  to  a  compensation  to  be  fixed 
by  the  Mayor  and  Council  not  to  exceed  five  per  cent  on  the 
amount  collected. 

Sec  4.  Be  it  further  ordained,  That  it  shall  be  the  duty 
of  such  collector  of  taxes  to  pay  over  to  the  Treasurer  of  the 
City  of  Newbern  weekly  all  taxes  collected  by  him. 

Sec  5.  Be  it  further  ordained,  That  all  laws  and  clajuses 
•of  laws  and  ordinances  and  clauses  of  ordinances  Conflicting 
with  this  ordinance  are  hereby  repealed. 

Sec  6.  Be  it  farther  ordained,  That  this  ordinance  shall 
take  effect  from  the  date  of  its  ratification. 

The  hour  of  11  o'clock  having  arrived,  the  House  proceed- 
ed with  the  following  report  of  the  Committee  on  a  Preamble 
and  Bill  of  Rights  i 

REPORT    OF    THE    STANDING    COMMITTEE    ON 
PREAMBLE  AND  BILL  OF  RIGHTS. 

PKEAMBLE. 

We,  the  people  of  the  State  of  North-Carolina,  grateful  to 
Almighty  God,  the  Sovereign  Ruler  of  Nations,  for  the  pre- 
servation of  the  American  Union,  and  the  existence  of  our 
U 


210  CONTENTION  JOURNAL.  [Session 

civil,  political,  and  religious  liberties,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of  those  blessings 
to  us  and  our  posterity,  do,  for  the  more  certain  security  there- 
of, and  for  the  better  government  of  this  State,  ordain  and 
establish  this  Constitution  : 

AETICLE  I. 

DECLARATION    OF    RIGHTS. 

That  the  general,  great,  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  established,  and 
that  the  relations  of  this  State  to  the  Union  and  government 
of  the  United  States,  and  those  of  the  people  of  the  State  to 
the  rest  of  the  American  people,  may  be  defined  and  affirm- 
ed, we  do  declare — 

Section  1.  That  we  hold  it  to  be  self-evident,  that  all  men 
are  endowed  by  their  Creator  with  certain  inalienable 
rights,  among  which  are  life,  liberty,  the  enjoyment  of  the 
fruits  of  their  labor,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  political  power  is  vested  in  and  derived 
from  the  people ;  that  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec  3.  That  the  people  of  this  State  have  the  inherent, 
sole,  and  exclusive  right  of  regulating  the  internal  govern- 
ment and  police  thereof,  and  of  altering  and  abolishing  their 
Constitution  and  form  of  government,  whenever  it  may  be 
necessary  to  their  safety  and  happiness ;  but  every  such  right 
should  be  exercised  in  pursuance  of  law,  and  consistently  with 
the  Constitution  of  the  United  States. 

Sec  -i.  That  this  State  shall  ever  remain  a  member  of  the 
American  Union;  that  the  people  thereof  are  part  of  the 
American  nation  ;  that  there  is  no  right  on  the  part  of  this 
State  to  secede,  and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said  Union,  or  to  sever 
said  nation,  ought  to  be  resisted  with  the  whole  power  of 
the  State. 


1S6S.]  CONTENTION  JOUENAL.  211 

Sec.  5.  That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  government  of  the  United 
States,  and  that  no  law  or  ordinance  of  the  State,  in  contra- 
vention or  subversion  thereof,  can  have  any  binding  force. 

Sec.  6.  To  maintain  the  honor  and  good  faith  of  the  State 
untarnished,  the  public  debt  regularly  contracted  before  and 
since  the  rebellion  shall  be  regarded  as  inviolable  and  never 
questioned ;  but  the  State  shall  never  assume  or  pay  any 
debt  or  obligation,  express  or  implied,  incurred  in  aid  of  in- 
surrection or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave. 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclusive  or 
separate  emoluments  or  privileges  from  the  community  but 
in  consideration  of  public  services. 

Sec.  8.  The  legislative,  executive,  and  supreme  judicial 
powers  of  government  ought  to  be  forever  separate  and  dis- 
tinct from  each  other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of 
laws,  by  any  authority,  without  the  consent  of  the  representa- 
tives of  the  people,  is  injurious  to  their  rights,  and  ought  not 
to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec.  11.  In  all  criminal  prosecutions,  every  man  has  a  right 
to  be  informed  of  the  accusation  against  him,  and  to  confront 
the  accusers  and  witnesses  with  other  testimony,  and  to  have 
counsel  for  his  defence,  and  shall  not  be  compelled  to  give 
evidence  against  himself. 

Sec  12.  No  person  shall  be  put  to  answer  any  criminal 
charge,  except  as  hereinafter  allowed,  but  by  indictment,  pre- 
sentment, or  impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime,  but 
by  the  unanimous  verdict  of  a  jury  of  good  and  lawful  men, 
in  open  court.  The  Legislature  may,  however,  provide  other 
modes  of  trial  for  petty  misdemeanors,  with  the  right  of  ap- 
peal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel,  nor  unusual  punishments  in- 
flicted. 


212  CONTENTION  JOURNAL.  [Session 

Sec.  15.  General  warrants,  whereby  any  officer  or  messen- 
ger may  be  commanded  to  search  suspected  places  without 
evidence  of  the  fact  committed,  or  to  seize  any  person  or  per- 
sons not  named,  whose  offence  is  not  particularly  described 
and  supported  by  evidence,  are  dangerous  to  liberty,  and 
ought  not  to  be  granted. 

Sec.  16.  No  person  ought  to  be  taken,  imprisoned,  or  dis- 
seized of  his  freehold,  liberties,  or  privileges,  or  outlawed,  or 
exiled,  or  in  any  manner  destroyed,  or  deprived  his  life,  liber- 
ty, or  property,  but  by  the  law  of  the  land. 

Sec.  17.  Every  person^  restrained  of  his  liberty  is  entitled 
to  a  remedy  to  inquire  into  the  lawfulness  thereof,  and  to 
remove  the  same,  if  unlawful,  and  such  remedy  ought  not  to 
be  denied  or  delayed. 

Sec  18.  In  all  controversies  at  law  respecting  property, 
the  ancient  mode  of  trial  by  jury  is  one  of  the  best  securities 
of  the  rights  of  the  people,  and  ought  to  remain  sacred  and 
inviolable. 

Sec  19.  The  freedom  of  the  press  is  one  of  the  great  bul- 
warks of  liberty,  and  therefore  ought  never  to  be  restrained. 

Sec  20.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  in  this  State. 

Sec  21.  The  people  of  this  State  ought  not  to  be  taxed  or 
made  subject  to  the  payment  of  any  impost  or  duty,  without 
the  consent  of  themselves,  or  their  representatives  in  General 
Assembly,  freely  given. 

Sec  22.  The  people  have  a  right  to  bear  arms  for  the  de- 
fence of  the  State  ;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  liberty,  they  ought  not  to  be  kept  up  ;  and 
the  military  should  be  kept  under  strict  subordination  to,  and 
governed  by,  the  civil  power. 

Sec  23.  The  people  have  a  right  to  assemble  together  to 
consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  Legislature  for  redress  of  grievances. 

Sec  24.  All  men  have  a  natural  and  inalienable  rie-ht  to 
worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences  ;  that  no  human  authority  can,  in  any  case  what- 
ever, control  or  interfere  with  the  rights  of  conscience. 


1868.]  CONTENTION  JOURNAL.  213 

Sec.  25.  For  redress  of  grievances,  and  for  amending  and 
strengthening  the  laws,  elections  ought  to  be  often  held. 

Sec.  26.  A  frequent  recurrence  to  fundamental  principles 
is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

Sec.  27.  No  hereditary  emoluments,  privileges,  or  honors, 
ought  to  be  granted  or  conferred  in  this  State. 

Sec.  28.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  ought  not  to  be  allowed. 

Sec.  29.  Retrospective  laws,  punishing  facts  committed  be- 
fore the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  oppressive,  unjust,  and  incompatible  with  liber- 
ty ;  wherefore,  no  ex  post  facto  law  ought  to  be  made. 

Sec.  30.  Slaverv  and  involuntarv  servitude  otherwise  than 
for  crimes,  wmereof  the  parties  shall  have  been  duly  convicted, 
shall  be,  and  is  hereby  forever  prohibited  within  this  State. 

Sec  31.  The  limits  and  boundaries  of  the  State  shall  be 
and  remain  as  they  now  are. 

Sec  32.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  ad- 
ministered without  sale,  denial  or  delay. 

Sec  33.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

Sec  34.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people,  and  all  pow- 
ers not  herein  delegated,  remain  with  the  people. 

DAVID  HEATON,  Chairman, 
J.  H.  HARRIS, 
VM.  NICHOLSON", 
JOHN  R.  FRENCH, 
JOHN  M.  PATRICK, 
GEO.  W.  GAHAGAN, 
C.  C.  POOL, 
A.  W.  FISHER, 
J.  H.  BAKER, 
SYLVESTER  CARTER, 
JULIUS  S.  GARLAND, 
JASPER  ETHERIDGE. 


214  CONTENTION  JOURNAL.  [Session 

Section  6th  was  taken  np,  and,  after  considerable  debate  the 
yeas  and  nays  were  called  on  its  adoption. 

The  section  was  adopted  by  the  following  vote,,  yeas  72. 
nays  59. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blmne,  Bryan,  Carey,  Carter,  Candler,  Chillson,  Col- 
grove,  Cox,  Dickey,  Dowd,  Duckworth,  Fisher,  Forkner, 
Franklin,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Galloway,  Garland,  George,  Grant  of  North- 
ampton, Gunter,  Harris  ol  Wake,  Hay,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hoffler,  Hollowell,  Ing,  Jones  of 
Caldwell,  Jones  of  Washington,  Kinney,  Laflin,  Legg,  Logan, 
May,  Mayo,  McCubbins,  McDonald  of  Moore,  Nance,  Nichol- 
son, Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Pay, 
Read,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Stilly, 
Stilwell,  Sweet,  Teague,  Trogden,  Tucker,  Williams  of  Wake 
and  Williamson — 72. 

Those  who  voted  in  the  negative  are : 

Messrs.  Congleton,  Graham  of  Montgomery,  Long,  McDon- 
ald of  Chatham,  Murphy,  Newsom,  Taylor,  Tourgee,  and 
Welker— 9. 

Leave  of  absence  was  granted  Mr.  Tourgee  until  Wednes- 
day next. 

Section  7th  and  8th  were  read  and  adopted. 

Section  9th  was  read. 

Mr.  Bryan  moved  to  amend  by  striking  out  the  word 
"  ought "  and  insert    "  shall." 

The  amendment  was  lost. 

The  section  as  read  was  adopted. 

Section  lOtli  was  read  and  adopted. 

Section  11th  was  read. 

Mr.  Tourgee  moved  to  amend  by  adding  "  nor  be  compell- 
ed to  pay  costs  or  jail  fees,  or  necessary  witness  fees  of  the  de- 
fence, unless  found  guilty." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

Sections  12th,  13th  and  14th,  were  read  and  adopted. 

Action  15th  was  read. 


1868.]  CONVENTION  JOURNAL.  215 

Mr.  Heaton  moved  that  the  following  amendment  be  added 
to  it : 

"  There  shall  be  no  imprisonment  for  debt  in  this  State 
except  for  Fraud." 

The  amendment  was  adopted. 

The  section  as  amended  was, 

On  motion,  adopted. 

Sections  16th,  17th  and  18th  were  read  and  adopted. 

Section  19th  was  read. 

Mr.  Nicholson  moved  to  amend  by  adding  to  the  section  : 

"  But  any  individual  shall  be  held  responsible  for  an  abuse 
■of  the  same." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

Section  20th  was  read. 

Mr.  Rodman  moved  to  strike  out  the  entire  section. 

The  motion  did  not  prevail. 

The  section  as  read,  was  adopted. 

Mr.  Abbott  moved  to  insert  the  folio  wins:  as  a  section,  fol- 
lowing  section  20th : 

•"  As  political  rights  and  privileges  are  not  dependent  upon, 
•or  modified  by  property  ;  therefore  no  property  qualification 
ought  to  effect  the  right  to  vote  or  hold  office." 

The  amendment  was  sustained. 

Sections  21st  and  22d  were  read  and  adopted. 

Section  23d  was  read. 

Mr.  To.urgee  moved  to  amend  by  striking  out  "  the  Legis- 
lature "  and  inserting  "  any  branch  of  the  government." 

The  amendment  was  not  adopted. 

The  section  as  read  was  adopted. 

Section  24th  was  read  and  adopted. 

Mr.  Ashley  moved  the  following  as  an  additional  section  to 
section  21th : 

"  The  people  have  a  right  to  the  privileges  of  education, 
and  it  is  the  duty  of  the  State  to  guard  and  maintain  that 
right." 

^The  motion  was  sustained. 

.Sections  25th,  26th,  27th  and  28th,  were  read  and  adopted. 


216  CONVENTION  JOURNAL.  [Session 

Section  29th  was  read. 

Mr.  Rich  moved  to  amend  by  substituting  the  word  "  acts  "' 
for  "  facts  "  in  the  first  line. 

The  amendment  was  adopted. 

Mr.  Rodman  moved  to  amend  the  section  by  adding  the 
following : 

"  No  law  taxing  retrospectively  sales,,  purchases,,  or  other 
acts  previously  done  ought  to  be  passed,. 

The  amendment  was  adopted. 

The  section  as  amended,,  was, 

On  motion,  adopted. 

Section  30th  was  read. 

Mr  Ashley  moved  to  amend  by  striking  out  "  is  "  on  line- 
third  and  insert  "  are  " 

The  amendment  was  sustained. 

Mr.  McDonald,  of  Chatham,  moved;  to  amend,  by  striking, 
out  "  and  "  on  line  first  and  insert  "  or." 

The  amendment  was  lost. 

The  section  as  amended  was  adopted. 

Sections  31st,  32d  and  33d,  were  read  and.  adopted. 

Mr.  Durham  offered  the  following  as  a  section  to  be  inser- 
ted between  sections  33  d  and  34th: 

"  The  Caueassian  and  African  races-  are  distinct  by  nature,, 
and  color ;  therefore  all  intermarriages  between  the  Caucas- 
sion  or  white  race,,  and  the  African  or  black  race  are  forever 
prohibited. 

On  motion,,  this  amendment  was  laid-  on  the  table. 

Section  34th  was  read  and  adopted. 

On  motion,  the  House  adjourned  to  Monday  at  10  o'clock., 
A.  M. 


MONDAY^  February  ITth,  1S68. 
The  Convention  was  called  to  order  at  10  o'clock,  by  the: 
President. 

Prayer  by  the  Rev.  Mr.  Hudson.  • 

The  President  announced  a  quorum,. 


1808.]  CONVENTION  JOURNAL.  21T 

The  Journal  of  Saturday  was  read  and  approved. 

Mr.  Abbott  introduced  an  Ordinance  relating  to  freights. 
on  the  Wilmington  and  Weldon  and  North-Carolina  Rail 
Roads. 

Referred  to  the  committee  on  Internal   Improvements. 

Mr.  Rich,  chairman  of  the  committee-  on  Immigration,, 
called  up  the  following  Ordinance :  ' 

AN  ORDINANCE  FOR  ESTABLISHING  AN  IMMI- 
GRATION AGENCY,  REPORTED  BY  THE  COM- 
MITTEE ON  IMMIGRATION. 

Be  it  ordained  by  the  pe-ople  qf  North-  Gm-ohna  in  Con- 
vention assembled,  That  within  twenty  days,  after  the  ratifi- 
cation of  the  Constitution  framed  by  this  Condition,  by  the 
Congress  of  the  United  States,  the  Governor  of  the  State 
shall  appoint  a  suitable  person  to  aot  as  Land  and  Immigrant 
Commissioner,  who  shall  serve  four  years,  have  an  office 
in  the  City  of  New  York,  and  be  paid  in  quarterly  in- 
stallments, a  salary  not  exceeding  $2,500  per  annum.  It 
shall  be  the  duty  of  the  Commissioner,  as  far  as-  practica- 
ble, to  effect  the  sale  of  such  lands  as  the  residents  of  this. 
State  shall  authorize  him  to  sell.  He  is  hereby  authorized 
to  establish  in  the  Emigrant  Depot,  Castle  Garden,, 
New- York,  a  Southern  Rail  Road  Agency  for  the  purpose 
of  selling  Rail  Road  tickets  to  such  Immigrants-  as  may 
desire  to  settle  in  the  State  of  North-Carolina.  He  shall 
also  make  arrangements  with  such  lines  ©t  travel  as  may 
be  necessary,,  at  the  lowest  possible  rates  of  passage  for  Im- 
migrants; and  whoever  shall  desire  to  come  into  the  State 
to  settle,  or  for  the  purpose  of  viewing  such  property  as. 
may  be  for  sale,  with  the  intention  of  purchasing  the  same,, 
the  State  Treasurer  is  hereby  authorized  to  pay  the  salary 
of  the  Commissioner  appointed  under  this  ordinance,  and 
also  such  necessary  expenses  as  may  be  required  to  carry  out 


218  CONVENTION  JOURNAL.  [Session 

the  purpose  of  this    ordinance,    upon    the   warrant   of  the 

Governor. 

D.  J.  RICH,  Chairman. 
S.  S.  ASHLEY, 
GEO.  W.  GAHAGAN, 
J.  W.  HOOD, 

Mag.  of  Committee. 

Mr.  Rieh  moved  to  amend  section  first  by  inserting  after 
the  word  "years,"  on  the  seventh  line,  "under  the  direction 
of  the  Bureau  of  Statistics  and  Immigration." 

Mr.  McDonald,  of  Chatham,  moved  to  amend  by  striking 
out  "  $2,500,"  on  ninth  line,  and  insert  "  $2,000." 

The  yeas  and  nays  were  demanded. 

The  amendment  was  carried  by  the  following  vote,  yeas  64, 
nay  29 : 

Those  who  voted  in  the  affirmative  are ; 

Messrs.  Barnes,  Benbow,  Blnme,  Bradley,  Bryan,  Candler, 
Cherry,  Congleton,  Cox,  Dickey,  Dowd,  Duckworth,  Durham, 
Ellis,  Etheridge,  Fisher,  Forkner,  French  of  Chowan,  Garland, 
George,  Graham  of  Montgomery,  Grant  of  Wayne,  Gully, 
Gunter,  Hall,  Hare,  Hay,  Hayes  of  Halifax,  Hobbs,  Hodnett, 
Homer,  Hollowell,  Hoist,  Jones,  of  Caldwell,  Jones,  of  Wash- 
ington, King  of  Lenoir,  Lennon,  Long,  May,  Marshall, 
McCubbins,  Merritt,  McDonald  of  Chatham,  McDonald,  of 
Moore,  Morton,  Mullican,  Nance,  Newsom,  Patrick,  Parks, 
Petree,  Peterson,  Read,  Renfrow,  Rose,  Sanderlin,  Smith, 
Stilly,  Teague,  Trogden,  Tucker,  Welker,  Williams  of  Wake 
and  Williamson — 6L 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Carey,  Colgrove, 
French  of  Rockingham,  Fullings,  Gahagan,  Galloway,  Glover, 
Hayes  of  Robeson,  Heaton,  Highsmith,  Ing,  Laflin,  Lee, 
Logan,  Mayo,  Murphy,  Pierson,  Ragland,  Ray,  Rhodes,  Rich, 
Bobbins,  Rodman,  Stilwell  and  Tajdor — 29. 

Mr.  McDonald,  of  Chatham,  moved  to  amend  section  first 
by  striking  out  on  fifth  line,  "  Governor  of  the  State  shall  ap- 
point," and  insert,  "  People  shall  elect" 


1868.]  CONVENTION  JOURNAL.  219 

This  amendment  was  discussed  until  the  hour  of  11,  when, 

The  House  proceeded  with  the  report  of  the  Committee  on 
Corporations  other  than  Municipal. 

The  motion  to  strike  out  and  substitute  by  Mr.  Tourgee 
was  taken  up  and  divided. 

The  motion  to  strike  out  sections  4th,  5th,  6th,  7th,  8th, 
9th  and  10th,  prevailed. 

The  substitute  on  section  fourth  was  put  to  the  House,  and 
lost. 

Section  11th  was  read. 

Wr.  Welker  moved  to  strike  out  the  entire  section. 

The  motion  was  lost. 

The  section,  as  read,  was  adopted. 

Mr.  Abbott  introduced  an  ordinance  in  relation  to  the  Dan 
River  and  Coalfield  Rail  Road  Company. 

Referred  to  the  Committee  on  Internal  Improvements. 

Mr.  "Watts  presented  an  ordinance  to  prohibit  the  collection 
of  certain  debts.     "Was  read  and  ordered  to  be  printed. 

The  following  majority  report  of  the  Committee  on  Home- 
steads, was  taken  up  and  passed  its  first  reading : 

MAJORITY    REPORT    OF    THE     COMMITTEE     ON 

HOMESTEADS. 

The  Committee  appointed  to  report  on  a  Homestead,  re- 
spectfully submit  the  following  article,  to  wit : 

Section  1.  The  personal  property  of  any  resident  of  this 
State,  to  the  value  of  three  hundred  dollars,  to  be  selected  by 
such  resident,  shall  be  exempted  from  sale  or  execution,  or  other 
final  process  of  any  court,  issued  for  the  collection  of  any  debt 
ccontracted  after  the  adoption  of  this  Constitution. 

Sec.  2.  Every  Homestead  not  exceeding  one  hundred  acres 
of  land  and  the  dwelling  and  buildings  therewith,  not  exceeding 
in  value  one  thousand  dollars,  to  be  selected  by  the  owner 
thereof,  or  in  lieu  thereof,  at  the  option  of  the  owner,  any  lot 
in  a  city,  town  or  village,  with  the  dwelling  and  buildings 
used  thereon,  owned  and  occupied  by  any  resident  of  this 
State,  and  not  exceeding  the  value  of  one  thousand   dollars, 


220  CONVENTION  JOURNAL.  [Session 

shall  be  exempt  from  sale,  execution,  or  any  final  process,  ob- 
tained on  any  debt  contracted  from  and  after  the  adoption  of 
this  Constitution.  Such  exemption,  however,  shall  not  extend 
to  any  mortgage  lawfully  obtained  ;  but  no  such  mortgage  or 
deed  in  the  nature  thereof,  made  by  the  owner  ot  the  home- 
stead, if  a  married  man,  and  no  deed  of  conveyance  by  him 
shall  be  valid  without  the  voluntarv  signature  and  assent  of 
his  wife,  signified  on  her  private  examination  before  a  Judge 
of  some  Court  of  this  State. 

Sec.  3.  The  homestead  of  a  family,  after  the  death  of  the 
owner  thereof,  shall  be  exempt  from  the  payment  of  any  debt 
contracted  by  him  after  the  adoption  of  this  Constitution, 
during  the  minority  of  his  children,  or  any  one  of  them. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  this  Arti- 
cle shall  not  be  so  construed  as  to  prevent  a  laborer's  lien  for 
work  clone  and  performed  for  the  person  claiming  such  exemp- 
tion, or  a  mechanic  for  work  done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow 
but  no  children,  the  same  shall  be  exempt  from  the  debts  of 
her  husband,  and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit  for  her  life. 

Sec.  6.  The  real  and  personal  property  of  any  female  in 
this  State,  acquired  before  marriage,  and  all  property,  real 
and  personal,  to  which  she  may,  alter  marriage,  become  in 
any  manner  entitled  after  the  adoption  of  this  Constitution, 
shall  be  and  remain  the  sole  and  separate  estate  and  property 
of  such  female,  and  shall  not  be  liable  for  any  debts,  obliga- 
tions or  engagements  of  her  husband,  and  may  be  conveyed, 
devised,  or  bequeathed  by  her  as  if  she  were  a  feme  sole. 

C.  C.  JONES,  Chairman. 
HENRY  BARNES, 
JESSE  RHODES, 
J.  L.  NANCE, 
JOHN  II.  RENFROW, 
ISAAC  KINNEY, 

sween  Mcs.  Mcdonald. 


1868.]  CONVENTION  JOURNAL.  221 

On  motion  the  report  was  postponed  until  Thursday  next, 
at  11  o'clock. 

Mr.  McDonald  moved  to  call  up  a  resolution  in  favor  of 
Hugh  B.  Guthrie,  Sheriff  of  Orange  County. 

On  motion  the  resolution  was  referred  to  a  Special  Com- 
mittee of  five. 

The  ordinance  of  Mr.  Watts,  for  the  relief  of  the  people^ 
was  taken  up. 

A  motion  was  made  to  postpone  the  ordinance  until  the 
Constitution  was  framed. 

The  yeas  and  nays  were  demanded. 

The  ordinance  was  postponed  by  the  following  vote,  yeas  54, 
nays  36 : 

Those  who  voted  in  the  affirmative  are  ; 

Messrs.  Ashley,  Baker,  Barnes,  Benbow,  Bradley,  Bryan, 
Carter,  Candler,  Cherry,  Cox,  Dickey,  Dowd,  Duckworth, 
Durham,  Ellis,  Fisher,  Forkner,  French  of  Rockingham, 
Gahagan,  Galloway,  Garland,  Glover,  Grant  of  Wayne, 
Grant  of  Northampton,  Hobbs,  Hodnett,  Hoffler,  Hollo  well, 
Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lenoir, 
Kinney,  Lennon,  Logan,  May,  Mayo,  Marshall,  McCubbins, 
Mullican,  Murphy,  Nicholson,  Parker,  Parks,  Petree,  Pier- 
son,Renfrow,  Rhodes,  Rose,  Stilly,  Teague,  Trogden,  tucker 
and  Williams  of  Wake — 54. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Carey,  Chillson,  Congleton,  Etheridgej  Franklin 
French  of  Chowan,  George,  Graham  of  Montgomery,  Gully, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Halifax,  Highsmith, 
Lee,  Long,  Merritt,  McDonald  of  Chatham,  McDonald  of 
Moore,  Morton,  Nance,  Newsom,  Peterson,  Ragland,  Raj7, 
Read,  Robbins,  Rodman,  Sanderlin,  Smith,  Stilwell,  Taylor, 
Turner,  Watts,  Welker  and  Williamson — 36. 

Leave  of  absence  was  granted  Mr.  Carey,  delegate  from 
Caswell. 

Mr.  Jones,  of  Washington,  introduced  the  following  resolu- 
tion : 

Resolved,  That  this  Convention  will  not  entertain  any  pro- 
position of  a  purely  legislative  eharaeter  after  the  h©ur  of  11 


222  CONVENTION  JOURNAL,  [Session 

o'clock,  A.  M.,  each  day,  until  the  reports  of  the  Committees 
appointed  to  report  matter  looking  to  the  formation  of  a  Con- 
stitution shall  be  considered,  and  a  Constitution  framed. 

Mr.  Welker  moved  to  lay  the  resolution  on  the  table. 

The  yeas  and  nays  were  demanded. 

The  motion  was  lost  by  the  following  vote,  37eas  42,  nays  52: 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Barnes,  Carter,  Candler,  Cherry, 
Chilson,  Congleton,  Etheridge,  Fisher,  Franklin,  French  of 
Chowan,  Galloway,  George,  Graham  of  Montgomery,  Gully, 
Gunter,  Harris  of  Franklin,  Hay,  ITobbs,  Hollo  well,  Ing, 
Long,  Mann,  McDonald  of  Chatham,  McDonald  of  Moore, 
Morton,  Murphy,  Nance,  Newsom,  Parks,  Petree,  Bagland, 
Ray,  Rodman,  Rose,  Smith,  Stillwell,  Taylor,  Turner,  Watts 
and  Welker— 42. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Benbow,  Blume,  Bradley,  Bryan,  Cox,  Dickey, 
Dowd,  Duckworth,  Durham,  Ellis,  Forkner,  French  of  Rock- 
ingham, Fallings,  Gahagan,  Garland,  Glover,  Grant  of 
Northampton,  Flail,  Hare,  Hayes  of  Flalifax,  Highsmith, 
Hodnett,  Hoffler,  Holt,  Hyman,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lenoir,  Kinney,  Lennon,  Logan,  May, 
Mayo,  Marshall,  McCubbins,  Merritt,  Mullican,  Nicholson, 
Parker,  Peterson,  Pierson,  Read,  Renfrow,  Rhodes,  Robbins, 
Sanderlin,  Stilly,  Teague,  Trogden,  Tucker,  Williams  of 
Wake  and  Williamson — 52. 

Mr.  Rodman  moved  to  amend  by  adding  the  words,  "  ex- 
cept when  there  is  no  other  business." 

The  amendment  was  accepted,  and  the  resolution,  as 
amended,  was  put  upon  its  passage. 

The  yeas  and  nays  were  demanded. 

The  resolution  was  adopted  by  the  following  vote,  yeas  54, 
nays  44: 

Those  who  voted  in  affirmative  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Blume,  Carter, 
Candler,  Cherry,  Chillson,  Congleton,  Dowd,  Etheridge, 
Fisher,  Franklin,  French  of  Chowan,  George,  Graham  of 
Montgomery,    Grant   of  Wayne,  Gully,   Gunter,  Harris  of 


J  868.]  CONTENTION  JOURNAL.  123 

Wake,  Hayes  of  Robeson,  Highsmith,  Ing,  King  of  Lenoir, 
Kinney,  Laflin,  Lee,  Logan,  Long,  Mann,  Mayo,  McDonald 
of  Chatham,  McDonald  of  Moore,  Morton,  Murphy,  Newsom, 
Parks,  Petree,  Peterson,  Pierson,  Ragland,  Ray,  Read,  Rob- 
bins,  Rodman,  Rose,  Smith,  Stilwell,  Taylor,  Turner,  Watts, 
Welker  and  Williamson — 54. 

Those  who  voted  in  the  negative  are : 

Messrs.  Baker,  Benbow,  Bradley,  Bryan,  Cox,  Dickey, 
Duckworth,  Durham,  Ellis,  Forkner,  French  of  Rockingham, 
Fullings,  Gahagan,  Garland,  Glover,  Graham  of  Orange, 
Grant  of  Northampton,  Hall,  Hare,  Flayes  of  Halifax,  Hea- 
ton,  Hodnett,  Homer,  Hollowell,  Holt,  Jones  of  Caldwell, 
Jones  of  Washington,  Lennon,  May,  Marshall,  McCubbins, 
Merritt,  Mullican,  Nance,  Nicholson,  Parker,  Pool,  Renfrew, 
Sanderlin,  Stilly,  Teague,  Trogden,  Tucker  and  Williams  of 
Wake— 44. 

Mr.  Abbott  introduced  the  following  resolution  : 

Resolved,  That  the  contingent  expenses  of  this  Convention, 
including  those  for  labor,  be  not  paid  until  audited  by  the 
Committee  on  Contingent  Expenses,  and  approved  by  the 
President  and  Secretary. 

On  motion,  the  rules  were  suspended,  and  the  resolution 
adopted. 

The  following  committee  of  five  were  appointed  to  report 
on  the  resolution  of  Mr.  McDonald,  of  Chatham,  for  the  relief 
of  the  Sheriff  of  Orange  County  : 

Messrs.  McDonald  of  Chatham,  King  of  Lenoir,  McCubbins, 
Nicholson  and  Smith. 

Mr.  King,  of  Lenoir,  introduced  an  ordinance  concerning 
widows  who  have  qualified  as  Executrix  to  the  last  will  and 
testament  of  their  deceased  husbands. 

Lies  over  under  the  rules. 

On  motion,  the  House  adjourned. 


AFTERNOON  SESSION,  Febkttary  17th,  1868. 
The  Convention  was  called  to  order  at  1\  o'clock  by  the 


224  CONTENTION  JOURNAL.  [Session 

The  President  anounced  a  quorum, 

Mr.  Hayes,  of  Halifax,  presented  the  following  resolution, 
which  was  referred  to  the  Committee  on  Contingent  Expenses : 

Resolved,  That  the  servants  employed  by  this  Convention 
be  paid  two  dollars  per  day* 

Mr.  Forkner  called  up  the  following  resolution  : 

Unsolved,  Tha,t  a  Committee  of  three  on  adjournment  be 
appointed  and  instructed  to  report,  as  in  their  opinion,  when 
this  Convention  should  adjourn  sine  die. 

The  resolution  was,  on  motion,  adopted. 

On  motion,  the  report  of  the  committee  on  a  Preamble  and 
Bill  oi  Rights  was  proceeded  with, 

Mr.  Rodman  moved  to  amend  section  17th  by  adding  as 
follows  : 

"  The  remedy  shall  not  be  sttspeuded  except  in  case  of  war, 
insurrection  or  invasion  ;"  also  to  strike  out  section  20th, 

The  yeas  and  nays  were  demanded,  and  the  amendment 
Was  lost  by  the -following  vote,  yeas  6,  nays  72. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Dowd,  Fisher,  Rich,  Rodman — 6, 

Those  who  voted  in  the  negative  are  ': 

Messrs.  Andrews,  Aydlott,  Barnes,  Benbow,  Bryan,  Carter. 
Candler,  Cherry,  Chilson,  Colgrove,  Congleton,  Cox,  Dickey, 
Duckworth,  Durham,  Forkner,  Franklin,  French  of  Rocking- 
ham, Fullings,  Gahagan,  G-eore,  GloVer,  Graham  of  Mont- 
gomery, Grant  of  Northampton,  Gunter,  Hall,  Hare,  Har- 
ris of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hodnett, 
HofHer,  Hollo  well,  Jones  of  Caldwell,  Jones  of  Washing- 
ton, King  of  Lenoir,  Kinney,  Logan,  Mayo,  McCubbins. 
Merritt,  McDonald  of  Chatham,  McDonald  of  Moore,  Moore, 
Mullican,  Murphy,  Newsom,  Nicholson,  Parker,  Parks,  Pe- 
tree,  Peterson,  Pierson,  Ragland,  Renfrow,  Rhodes,  Rose. 
Smith,  Stilwell,  Taylor,  Teague,  Trogden,  Tucker,  Turner, 
Watts,  Welker  and  Williamson—- 72. 

Mr.  Congleton  moved  to  amend  section  6th,  by  striking 
out  all  before  "  the  State  "  in  the  fourth  line. 


1868.]  CONVENTION  JOURNAL.  225 

The  yeas  arid  nays  were  demanded,  and  the  amendment 
was  lost  by  the  following  vote,  yeas  10,  nays  56. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Congleton,  Graham  of  Montgomery,  McDonald 
•of  Chatham,  McDonald  of  Moore,  Murphy,  Newsom,  Parks, 
Taylor,  Turner  and  "Welker — 10. 

Those  who  voted  in  the  negative  are  : 

Messrs,  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Bryan,  Carter,  Candler,  Colgrove,  Cox,  Dickey,  Duckworth, 
Eppes,  Fisher,  Forkner,  French  of  Rookingkam,  French  ot 
Chowan,  Fullings,  Gahagan,  Galloway,  George,  Grant  of 
Northampton,  Gunter,  Harris  of  Wake,  Harris  of  Franklin, 
Hay,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hollowell, 
flyman,  Jones  of  Caldwell,  Jones  of  Washington,  Kinney, 
Logan,  Mayo,  Morton,  Mullican,  Nance,  Nicholson,  Par- 
ker, Petree,  Pierson,  Ray,  Henfrow,  Rhodes,  Robbins,  Rose, 
Smith,  Stilweli,  Teague,  Tucker,  Watts  and  William- 
son— 56. 

On  motion  the  House  adjourned, 


TUESDAY,  February  18th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Franklin. 

The  President  announced  a  quorum. 

The  Journal  of  Monday  was  read  and  approved. 

Mr.  Read  presented  a  petition  of  divorce  in  favor  of  one 
Edw'd  Shwyer. 

Referred  to  the  Committee  on  Divorce. 

The  Committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  resolution  of  Mr.  George,  in  favor  of  Edwin  C. 
Bartlett,  of  the  County  of  Ashe,  reported  as  follows: 

The  undersigned  Committee   on   Contingent  Expenses,  to 

whom  was  referred  the  resolution  in  favor  of  Mr.   Bartlett, 

have  had  the  same  under  consideration,  and  beg  leave  to  i& 

commend  that  Edwin  C.  Bartlett  be  allowed  for  one  day's  at- 

15 


226  CONTENTION  JOUENAL.  [Session 

attendance  as  a  member  of  this  Convention,  and  also  mileage 
for  four  hundred  and  forty  six  miles,  the  distance  from  his  home 
to  the  City  of  Raleigh  and  return. 

One  day, $  8  00 

446  miles,  20  cents  per  mile,     -        -        -        -      89  20 


$97  20 
E.  W.  KING, 
E.  F.  TROGDEN, 
L.  C.  MORTON, 
JNO.  EEAD, 
J.  W.  HOOD. 

Mr..  Morton  introduced  a  resolution  to  repeal  an  ordinance 
ratified  June  20th,  1866. 

Lies  over  under  the  rules. 

The  hour  of  10^  having  arrived,  the  House  proceeded  to 
take  up  the  following  report  of  the  Committee  on  a  Preamble 
and  Bill  of  Eights,  it  being  a  Special  Order  at  that  time,  and 
put  it  upon  its  third  reading  and  final  passage  : 

PEEAMBLE. 

"We,  the  people  of  the  State  of  North-Carolina,  grateful  to 
Almighty  God,  the  Sovereign  Euler  of  Nations,  for  the  pre- 
servation of  the  American  Union,  and  the  existence  of  our 
civil,  political,  and  religious  liberties,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of  those  blessings 
to  us  and  our  posterity,  do,  for  the  more  certain  security  there- 
of, and  for  the  better  government  of  this  State,  ordain  and 
establish  this  Constitution  : 

AETICLE  I. 

DECLARATION    OF    EIGHTS. 

That  the  general,  great  and  essential  principles  of  liberty 


1868.]  CONTENTION  JOURNAL.  227 

and  free  government  may  be  recognized  and  established,  and 
that  the  relations  of  this  State  to  the  Union  and  government 
of  the  United  States,  and  those  of  the  people  of  the  State  to 
the  rest  of  the  American  people,  may  be  defined  and  affirm- 
ed, we  do  declare : 

Section  1.  That  we  hold  it  to  be  self-evident  that  all  men 
are  created  equal ;  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights  ;  among  these  are  life,  liberty, 
the  enjoyment  ol  the  fruits  of  their  labor,  and  the  pursuit  of 
happiness. 

Sec.  2.  That  all  political  power  is  vested  in  and  derive  d 
from  the  people ;  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec  3.  That  the  people  of  this  State  have  the  inherent, 
sole  and  exclusive  right  of  regulating  the  internal  govern- 
ment and  police  thereof,  and  of  altering  and  abolishing  their 
Constitution  and  form  of  government,  whenever  it  may  be 
necessary  to  their  safety  and  happiness ;  but  every  such  right 
should  be  exercised  in  pursuance  of  law,  and  consistently  with 
the  Constitution  of  the  United  States. 

Sec.  4.  That  this  State  shall  ever  remain  a  member  of  the 
American  Union  ;  that  the  people  thereof  are  part  of  the 
American  nation  ;  that  there  is  no  right  on  the  part  of  this 
State  to  secede,  and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said  Union,  or  to  sever 
said  nation,  ought  to  be  resisted  with  the  whole  power  of 
the  State. 

Sec  5.  That  every  citizen  of  this  State  owes  paramount 
allegiance  to  the  Constitution  and  government  of  the  United 
States,  and  that  no  law  or  ordinance  of  the  State,  in  contra- 
vention or  subversion  thereof,  can  have  any  binding  force. 

Sec  6.  To  maintain  the  honor  and  good  faith  of  the  State 
untarnished,  the  public  debt  regularly  contracted  before  and 
since  the  rebellion  shall  be  regarded  as  inviolable  and  never 
questioned ;  but  the  State  shall  never  assume  or  pay  any 
debt  or  obligation,  express  or  implied,  incurred  in  aid  of  in- 


228  CONVENTION  JOUENAL.  [Session 

surrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave. 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclusive  or 
separate  emoluments  or  privileges  from  the  community  but 
in  consideration  of  public  services. 

Sec.  8.  The  legislative,  executive,  and  supreme  judicial 
powers  of  government  ought  to  be  forever  separate  and  dis- 
tinct from  each  other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of 
laws,  by  any  authority,  without  the  consent  of  the  representa- 
tives of  the  people,  is  injurious  to  their  rights,  and  ought  not 
to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec.  11.  In  all  criminal  prosecutions,  every  man  has  a  right 
to  be  informed  of  the  accusation  against  him,  and  to  confront 
the  accusers  and  witnesses  with  other  testimony,  and  to  have 
counsel  for  his  defence,  and  shall  not  be  compelled  to  give 
evidence  against  himself,  nor  be  compelled  to  pay  costs  or  jail 
fees,  or  necessary  witness  fees  of  the  defence,  unless  found 
guilty. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal 
charge,  except  as  hereinafter  allowed,  but  by  indictment,  pre- 
sentment, or  impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime,  but 
by  the  unanimous  verdict  of  a  jury  of  good  and  lawful  men, 
in  open  court.  The  Legislature  may,  however,  provide  other 
modes  of  trial  for  petty  misdemeanors,  with  the  right  of  ap- 
peal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  cruel,  nor  unusual  punishments  in- 
flicted. 

Sec.  15.  General  warrants,  whereby  any  officer  or  messen- 
ger may  be  commanded  to  search  suspected  places  without 
evidence  of  the  fact  committed,  or  to  seize  any  person  or  per- 
sons not  named,  whose  offence  is  not  particularly  described 
and  supported  by  evidence,  are  dangerous  to  liberty,  and 
onght  not  to  be  granted. 


1868.]  CONVENTION"  JOURNAL.  229 

Sec.  16.  There  shall  be  no  imprisonment  for  debt  in  this 
State,  except  in  cases  of  fraud. 

Sec.  17.  No  person  ought  to  be  taken,  imprisoned,  or  dis- 
seized of  his  freehold,  liberties,  or  privileges,  or  outlawed,  or 
exiled,  or  in  any  manner  destroyed,  or  deprived  of  his  life,  lib- 
erty, or  property,  but  by  the  law  of  the  land. 

Sec.  18.  Every  person  restrained  of  his  liberty  is  entitled 
to  a  remedy  to  inquire  into  the  lawfulness  thereof,  and  to 
remove  the  same,  if  unlawful,  and  such  remedy  ought  not  to 
be  denied  or  delayed. 

Sec.  19.  In  all  controversies  at  law  respecting  property, 
the  ancient  mode  of  trial  by  jury  is  one  of  the  best  securities 
of  the  rights  of  the  people,  and  ought  to  remain  sacred  and 
inviolable. 

Seo.  20.  The  freedom  of  the  press  is  one  of  the  great  bul- 
warks of  liberty,  and  therefore  ought  never  to  be  restrained, 
but  every  individual  shall  be  held  responsible  for  the  abuse 
of  the  same. 

Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended  in  this  State. 

Sec.  22.  As  political  rights  and  privileges  are  not  depen- 
dent upon,  or  modified  by  property,  therefore  no  property 
qualification  ought  to  affect  the  right  to  vote  or  hold  office. 

Sec.  23.  The  people  of  this  State  ought  not  to  be  taxed  or 
made  subject  to  the  payment  of  any  impost  or  duty,  without 
the  consent  of  themselves,  or  their  representatives  in  General 
Assembly,  freely  given. 

Sec.  21.  The  people  have  a  right  to  bear  arms  for  the  de- 
fence of  the  State  ;  and,  as  standing  armies  in  time  of  peace 
are  dangerous  to  liberty,  they  ought  not  to  be  kept  up  ;  and 
the  military  should  be  kept  under  strict  subordination  to,  and 
governed  by,  the  civil  power. 

Sec  25.  The  people  have  a  right  to  assemble  together  to 
consult  for  their  common  good,  to  instruct  their  representa- 
tives, and  to  apply  to  the  Legislature  for  redress  of  grievances. 
Sec  26.  All  men  have  a  natural  and  unalienable  right  to 
worship  Almight}''  God  according  to  the  dictates  of  their  own 


230  CONTENTION  JOURNAL.  [Session 

consciences  ;  that  no  human  authority  should,  in  any  case  what- 
ever, control  or  interfere  with  the  rights  of  conscience. 

Sec  27.  The  people  have  a  right  to  the  privilege  of  educa- 
tion, and  it  is  the  duty  of  the  State  to  guard  and  maintain 
that  right; 

Sec.  28.  For  redress  of  grievances,  and  for  amending  and 
strengthening  the  laws,  elections  ought  to  be  often  held. 

Sec.  29.  A  frequent  recurrence  to  fundamental  principles 
is  absolutely  necessary  to  preserve  the  blessings  of  liberty. 

Sec.  30.  No  hereditary  emoluments,  privileges,  or  honors, 
ought  to  be  granted  or  conferred  in  this  State. 

Sec.  31.  Perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  ought  not  to  be  allowed. 

Sec  32.  Retrospective  laws,  punishing  acts  committed  be- 
fore the  existence  of  such  laws,  and  by  them  only  declared 
criminal,  are  oppressive,  unjust,  and  incompatible  with  liber- 
ty ;  wherefore,  no  ex  post  facto  law  ought  to  be  made.  No 
law  taxing  retrospectively,  sales,  purchases,  or  other  acts  pre- 
viously done,  ought  to  be  passed. 

Sec  33.  Slavery  and  involuntary  servitude  otherwise  than 
for  crimes,  whereof  the  parties  shall  have  been  duly  convicted, 
shall  be,  and  is  hereby  forever  prohibited  within  this  State. 

Sec  34.  The  limits  and  boundaries  of  the  State  shall  be 
and  remain  as  they  now  are. 

Sec  35.  All  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person  or  reputation,  shall 
have  remedy  by  due  course  of  law,  and  right  and  justice  ad- 
ministered without  sale,  denial  or  delay. 

Sec  36.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner ;  nor  in  time  of 
war,  but  in  a  manner  to  be  prescribed  by  law. 

Sec  37.  This  enumeration  of  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people,  and  all  pow- 
ers not  herein  delegated,  remain  with  the  people. 

Mr.  Watts  moved  to  amend  section  6th  by  inserting  after 
the  word  "  pay,"  in  the  fifth  line,  "  or  authorize  the  collec- 
tion of." 

The  amendment  was  adopted. 


1868.]  CONTENTION  JOURNAL.  231 

Mr.  Durham  moved  to  amend  section  20th  by  striking  out 
all  after  the  word  "  restrained." 

The  yeas  and  nays  were  demanded. 

The  amendment  was  lost  by  the  following  vote,  yeas  25, 
nays  83  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Baker,  Bradley,  Cox,  Dowd,  Durham,  Ellis,  Ethe- 
ridge,  Forkner,  Graham  of  Orange,  Hall,  Hare,  Hodnett, 
Hollowell,  Holt,  Jones  of  Caldwell,  Lennon,  Marshall,  Mc- 
Cubbins,  Merritt,  McDonald  of  Chatham,  Patrick,  Petree, 
Ray,  Read  and  Sanderlin — 25. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carter,  Candler,  Cherry,  Chillson,  Col- 
grove,  Congleton,  Dickey,  Duckworth,  Eppes,  Fisher,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  French  of 
Chowan,  Fullings.,  Gahagan,  Galloway,  Garland,  George, 
Glover,  Graham  of  Montgomery,  Grant  of  Wayne,  Grant 
of  Northampton,  Gully,  Gunter,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Heaton,  Highsmith,  Hobbs,  Hood,  Hy- 
man,  Ing,  King  of  Lenoir,  Kinney,  Lafiin,  Lee,  Logan,  Long, 
Mann,  May,  McDonald  of  Moore,  Moore,  Morton,  Mullican, 
Murphy,  Nance,  Newsom,  Nicholson,  Parker,  Parks,  Pierson, 
Pool,  Raglan d,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Smith,  Stilly,  Stilwell,  Taylor,  Teague,  Trogclen,  Tuck- 
er, Turner,  Watts,  Welker,  Williams  of  Wake  and  William- 
son— 83. 

Mr.  Durham  moved  to  amend  section  23d  by  adding  "with- 
out representation  in  the  Congress  of  the  United  States." 

The  amendment  was  lost. 

Mr.  Abbott  moved  to  amend  section  21st  by  striking  out 
-"  in  this  State." 

The  amendment  was  adopted. 

Mr.  Graham,  of  Orange,  moved  to  amend  section  2lth  by 
striking  out  "  the  people  have  a  right  to  bear  arms  for  the 
defence  of  the  State,"  and  insert  "  a  well  regulated  militia 
being  necessary  to  the  security  of  a  free  State,  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  infringed." 


232  CONTENTION  JOURNAL.  [Session 

The  amendment  was  adopted. 

The  report  of  the  Committee  on  a  Preamble  and  Bill  ot 
Rights  as  amended  passed  its  third  and  final  reading  by  the 
following  vote,  yeas  87  ,  nays  20. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carter,  Candler,  Cherry,  Chillson,  Col- 
grove,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Fallings,  Gahagan,  Galloway,  Garland>  George,, 
Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of  Nort- 
hampton, Gully,  Gnnter,  Harris  of  Wake,  Harris  of  Franklin,. 
Hay,  Hayes,  of  Robeson,  Hayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  Hoffler,  Hollo  well,  Hood,  Hy  man,  Ing,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lincoln,  King  of  Le- 
noir, Kinney,  Lee,  Logan,  Mann,  May,  McDonald  of  Chatham, 
McDonald  of  Moore,  Moore,  Morton,  Mullican,  Nance,  Nich- 
olson, Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,. 
Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rich,  Robbins,  Rod- 
man, Rose,  Smith,  Stilly,  Stilwell,  Teague,  Trogden,  Tucker,. 
Watts,  Williams  of  Wake,  and  Williamson — 87. 

Those  who  voted  in  the  negative  are  r 

Messrs.  Baker,  Bradley,  Congleton,  Dowd,  Durham,  Ethe- 
ridge,  Graham  of  Orange,  Hall,  Hare,  Hodnett,  Lennon> 
Long,  Marshall,  McCubbins,  Merrit,  Murphy,  Sanderlin,  Tay- 
lor, Turner  and  Welker — 20. 

The  following  report  of  the  Committee  on  Suffrage  and  El- 
igibility to  office  was  taken  up : 

The  majority  and  minority  reports  were  read  to  the  House. 

REPORT    OF    THE    COMMITTEE    ON    SUFFRAGE 
AND  ELIGIBILITY  TO  OFFICE. 

The  Committee  appointed  to  prepare  and  report  to  the 
Convention  an  Article  of  Suffrage  and  Eligibility  to  office,, 
submit  the  following  report : 


1868.]  CONVENTION  JOCTENAL.  23& 

AETIOLE  — . 

SUFFRAGE. 

Section  1.  Every  male  person  born  in  the  United  States, 
and  every  male  person  who  lias  been  naturalized,  twenty-one 
years  old  or  upward,  who  shall  have  resided  in  this  State  twelve 
months  next  preceeding  the  election,  and  three  months  in  the 
County,  in  which  he  offers  to  vote,  shall  be  deemed  an  elector. 

Sec  2.  All  elections  by  the  people  shall  be  by  ballot,  and 
all  elections  by  the  General  Assembly  shall  be  viva  voce. 

AETICLE  — . 

ELIGIBILITY   TO    OFFICE. 

Section  1.  Every  voter,  except  as  herein  after  provided,  shall 
be  eligible  to  office  ;  bnt,  before  entering  upon  the  discharge  of 
the  duties  of  his  office,  he  shall  take  and  subscribe  the  follow- 
ing oath :  "  I, -,  do  solemnly  swear  (or  affirm,)  that  I  will 

support  and  maintain  the  Constitution  and  laws  of  the  United 
States,  and  the  Constitution  and  laws  of  North-Carolina,  not 
inconsistent  therewith,  and  that  I  will  faithfully  discharge 
the  duties  of  my  office,  So  help  me  God." 

Seo.  2.  The  following  classes  of  persons  shall  be  disqualifi- 
ed for  office  :  1st,  All  persons  who  shall  deny  the  being  of 
Almighty  God ;  2d,  All  persons  who  shall  have  been  convic- 
ted of  treason,  or  shall  have  been  adjudged  guilty  of  felony,, 
perjury,  of  any  infamous  crime,  (unless  such  person  shall 
have  been  fully  pardoned,)  or  of  corruption  or  mal-practice  in 
office, 

C.  C.  POOL, 

C.  C.  JONES, 

D.  J.  EICH, 

J.  H.  HAEEIS, 

j.  a.  Mcdonald, 

J.  P.  ANDEEWS, 

E.  BENBOW, 

H.  0,  C.  CHEERY, 


234  CONVENTION  JOURNAL.  [Session 

MINORITY  REPORT. 

We,  tlie  undersigned,  a  part  of  the  committee  appointed  to 
prepare  and  report  to  the  Convention  an  article  on  Suffrage 
and  Eligibility  to  office,  submit  the  following: 

ELECTIONS. 

Section  i.  In  all  elections  by  the  people,  the  electors  shall 
vote  by  ballot,  and  the  ballot  shall  be  deposited  by  the  elec- 
tor in  person. 

ELECTION. 

Sec  2.  Every  citizen  of  the  United  States,  who  shall  have 
resided  in  this  State  one  year,  and  in  the  County  in  which  he 
offers  to  vote,  three  months  next  preceding  the  day  of  elec- 
tion, shall  be  deemed  an  elector,  except  as  hereinafter  provi- 
ded. 1st.  Those  who  have  been  convicted  of  in  famous  .crime, 
since  becoming  citizens  of  the  United  States.  2d.  Those  who 
have  .been  judicially  pronounced  to  be  of  unsound  mind.  3d. 
Those  who  have  prevented,  or  endeavored  to  prevent  any 
voter  from  the  free  exercise  of  the  elective  franchise  by 
threats,  violence  or  bribery.  4th,  Those,  who  are  disqualified 
from  holding  office  by  the  terms  of  the  proposed  amendment 
to  the  Constitution  of  the  United  States,  known  as  article 
fourteen,  and  the  act  of  Congress  passed  March  2d,  1867,  and 
the  several  acts  supplementary  thereto.  Provided,  That 
whenever  said  disqualifications  shall  be  removed,  as  provided 
in  said  article,  the  person  thus  relieved  .shall  be  entitled  to 
the  elective  franchise  in  the  State.  5th.  Those  who,  during 
the  late  rebellion,  inflicted,  or  caused  to  be  inflicted,  or  were 
accessory  to  the  crime  of  inflicting  any  cruel  or  unusual  j3un- 
ashment  upon  any  officer,  soldier,  sailor,  marine,  employee,  or 
citizen  of  the  United  States,  or  in  anv  manner  violated  the 
rules  <of  civilized  warfare. 


1868.]  CONVENTION  JOURNAL.  235 


REGISTRATION. 

Sec.  3.  It  shall  be  the  duty  ot  the  General  Assembly  to 
provide,  from  time  to  time,  for  the  registration  of  all  electors, 
but  no  person  shall  be  allowed  to  register,  vote,  or  hold  office 
without  having  first  taken  and  subscribed  to  the  annexed 
oath : 

OATH    TO   BE    TAKEN. 

I  do  solemnly  swear,  or  affirm,  that  I  will  support  and 
maintain  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  North-Carolina ;  that  I  will  never 
countenance  or  aid  in  the  secession  of  this  State  from  the 
United  States ;  that  I  accept  the  political  and  civil  equality 
of  all  men,  and  that  I  will  faithfully  obey  the  laws  of  the 
United  States,  and  encourage  others  so  to  do ;  so  help  me 
God. 

ELIGIBILITY    TO    OFFICE. 

Sec.  4.  Every  qualified  elector  shall  be  eligible  to  office. 

THOMAS  J.  CANDLER, 
ABRAHAM  CONGLETON. 


MINORITY    REPORT     OF    THE     COMMITTEE    ON 

SUFFRAGE. 

The  undersigned,  a  minority  of  the  Committee  on  "  Suf- 
frage and  Eligibility  to  Office,"  regretting  that  they  have 
been  unable  to  concur  with  the  majority  of  the  committee, 
beg  leave  to  submit  the  following  report : 

We  cannot  view,  without  serious  apprehension,  the  admis- 
sion to  all  the  highest  rights  and  privileges  of  citizenship  of  a 
race,  consisting  almost  entirely  of  those  recently  emerged 
from  slavery  and  unfitted  by  previous  education  and  habits 


236     .  CONVENTION  JOUBNAL.  [Session 

of  thought  and  self-reliance,  for  the  intelligent  discharge  of 
the  duties  and  responsibilities,  which  would  devolve  upon 
them. 

"We  do  not  regard  the  right  to  vote  as  natural  or  inherent, 
but  conventional  merely — to  be  regulated  in  such  way  as  will 
best  promote  the  welfare  of  the  whole  community.  Upon 
this  principle,  women  and  minors  have  been  excluded.  Is 
there  any  reason  why  the  negro  should  be  advanced  to  a 
higher  position  ?  "While  we  do  not  deny  that  there  are  indi- 
viduals of  that  class  who  might  be  expected  to  express  their 
own  convictions  at  the  ballot-box,  still  the  great  mass  of  them 
are  so  ignorant  and  prejudiced  that  they  easily  become  the 
dupes  of  designing  adventurers  and  demagogues,  and  through 
secret  associations,  introduced  from  Northern  States,  merely 
follow  instructions,  and  reflect  the  views  o±  those  who  control 
them. 

We  believe  that  the  blessings  we  have  derived  from  our 
government  have  been  due  to  the  virtue,  intelligence  and  in- 
dependence of  those  invested  with  the  right  of  suffrage,  and 
we  tremble  for  the  safety  of  republican  institutions,  when  it 
shall  be  determined  to  confer  this  trust  upon  those,  who  men- 
tally and  morally  are  unfit  to  administer  it — "  to  confide  the 
power  of  making  laws  to  those,  who  have  no  property  to  pro- 
tect, and  to  bestow  the  right  to  levy  taxes  upon  those  who 
have  no  taxes  to  pay." 

But  it  is  said,  that  the  proposed  alteration  is  demanded  by 
Congress,  and  is  necessary  to  restore  our  State  to  constitu- 
tional relations  with  the  Federal  Government.  It  is  certain- 
ly a  singular  demand  that  we  should  extend  the  elective  fran- 
chise to  those  who  are  so  inexperienced  and  little  prepared 
for  the  ordinary  business  of  life,  that  the  government  deems 
it  necessary,  through  the  Freedmen's  Bureau,  to  exercise  su- 
pervision and  tutelage  over  them. 

But  we  deny  the  power  of  Congress  to  prescribe  to  North- 
Carolina  who  shall  or  shall  not  vote.  This  has  always  been 
recognized  as  one  of  those  great  rights  reserved  to  the  States ; 
and,  in  fact,  it  is  their  privilege  to  prescribe,  who  shall  vote 
for  members  of  Congress,  as  the  Constitution  of  the  United 


J  868.]  CONTENTION  JOUBNAL.  237 

States,  Art.  I,  section  2,  provides :  "  The  House  of  Bepresenta- 
tives  shall  be  composed  of  members  chosen  every  second  year 
by  the  people  oi  the  several  States  ;  and  the  electors  in  each 
State  shall  have  the  qualifications  requsite  for  electors  of  the 
most  numerous  hranch  of  the  State  Legislature." 

Congress  certainly  recognized  North-Carolina  as  a  State  in 
proper  constitutional  relations  -when  the  ratification  of  the 
XII  Amendment  by  the  Legislature  of  1865-'66,  was  accep- 
ted, and  also  when  the  proposed  XI Y  Amendment  was  sub- 
mitted to  the  Legislature  of  1866-67,  for  ratification.  We 
can,  then,  only  regard  the  present  measures  as  a  punishment 
for  our  conduct  on  the  latter  occasion.  Such  legislation 
strikes  us  as  ex  post  facto,  tyrannical  and  unjust.  We  cannot 
consent  that  our  State  shall  be  degraded  to  an  inferior  posi- 
tion to  her  sisters— that  she  shall  expunge  from  her  Constitu- 
tion clauses  excluding  the  negro  from  voting  and  holding 
office,  which  other  States  have  indignantly  refused  to  strike 
from  their  own.  We  refer  especially  to  their  Constitutions 
of  Ohio,  Pennsylvania,  Indiana,  Illinois  and  New  York.  We 
do  think  that  the  requirement  would  come  with  much  better 
grace  if  these  and  other  States  had  altered  the  Constitutions, 
or  if  it  was  proposed  to  so  amend  the  Constitution  of  the 
United  States  as  to  make  the  application  universal. 

Yiewing  the  matter  in  every  light  that  presents  itself,  and 
willing  to  extend  to  the  negro  population  every  right  that 
would  legitimately  result  from  the  late  war,  or  that  is  neces- 
sary to  their  security  and  happiness,  we  yet  think  that  the 
welfare  of  both  races  is  best  promoted  by  retaining  our  pres- 
ent Constitution.  We  consider  the  whole  scheme  as  intended 
to  advance  party  purposes,  in  the  expectation  that  the  States 
of  the  South  being  Africanized  and  Radicalized  may  more 
than  counterbalance  the  loss  of  electoral  votes  that  will  occur 
in  other  sections  of  the  Union.  We  advise  that  North-Caro- 
lina shall  refuse  to  alter  her  Constitution  under  dictation  from 
a  Congress,  composed  of  members  who  have  ceased  to  repre- 
sent their  constituents,  and  who,  in  defiance  of  the  voice  of 
the  people  as  expressed  in  recent  elections,  still  harden  their 
hearts  and  devise  new  tasks  for  us.    Let  us  rather  trust  to  a 


238  CONVENTION  JOUENAL.  [Session 

returning  sense  of  justice  on  the  part  of  the  Northern  people, 
and  that  spirit  of  magnanimity  which  will  revolt  at  the  idea 
of  "  forcing  the  South  to  accept,  in  a  huge  mass,  that  which 
the  North  rejects  in  minute  quantities."  Let  us  act  upon 
our  own  conscientious  convictions  of  what  is  best  for  North- 
Carolina,  and  while  submitting  patiently  to  the  present  mili- 
tary rule,  not  forget  that  freedom  of  opinion  which  is  our 
birthright.  If,  then,  negro  suffrage  and  negro  equality  are 
forced  upon  us,  we  will  not  have  consented  to  our  own  hu- 
miliation, and  will  at  least,  have  preserved  our  honor  and 
self-respect. 

JOHN  W.  GEAHAM, 
P.  DUEHAM. 

COMMITTEE  ON  SUFFEAGE— MINOEITY  EEPOET. 

I  concur  in  the  report  of  the  majority  of  the  Committee, 
with  this  exception,  that  I  would  add  to  the  two  classes  of 
citizens  prohibiting  from  holding  office,  a  third,  namely  :  All 
persons  who  having  previously  taken  an  oath  as  a  member 
or  Congress,  or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  Legislature,  or  as  an  executive  or  judi- 
cial officer  of  any  State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insurrection  or  rebellion 
against  the  same,  or  given  aid  and  comfort  to  the  enemies 
thereof,  until  such  disability  be  legally  removed. 

JOHN  E.  FRENCH. 

After  an  able  discussion  by  Messrs.  Pool  and  Erench,  oi 
Chowan, 

On  motion,  the  House  adjourned. 


AFTEENOON  SESSION,  February  18th,  1868. 
The  Convention  was  called  to  order  at  7|-  o'clock,  by  the 
President. 

The  President  announced  a  quorum. 


1868.]  COKYENTlOtf  JOURNAL.  23$ 

Mr.  Galloway  offered  a  substitute  for  the  majority  and  mi- 
nority reports-  of  the  Committee  on  Suffrage  and  Eligibility 
to  office. 

Mr.  Bynum  gave  notice  that  he  would  move  a  reconsidera- 
tion of  the  vote  on  corporations  other  than  municipal. 

Leave  of  absence  was  granted  Mr.  Ragland  for  two  days. 

The  report  of  the  committee  on  Education  was  received, 
and  250  copies  were  ordered  to  be  printed. 

On  motion,  the  House  adjourned. 


WEDNESDAY,  February  19th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,   by  the 
President. 

Prayer  by  the  Rev.  Mr.  Pritchitt. 

The  President  announced  a  quorum. 

The  Journal  of  Tuesday  was  read  and  approved. 

Mr.  Abbott  presented  a  petition  of  Mrs.  Rosa  B.  Quinli- 
van,  for  divorce. 

Referred  to  the  committee  on  the  Judicial  Department. 

Mr.  Abbott  also  presented  a  communication  of  John  A. 
Richardson. 

Referred  to  the  committee  on  the  Judicial  Department. 

Mr.  Rodman  introduced  a  petition  of  divorce  of  John  Mor- 
gan against  JSTancy  Morgan. 

Referred  to  the  committee  on  the  Judicial  Department. 

Mr.  Galloway  presented  a  petition  from  the  citizens  of 
Wilmington,  in  relation  to  property  bought  by  slaves. 

Referred  to  the  committee  on  the  Judicial  Department. 

Mr.  McDonald,  of  Chatham,  presented  an  ordinance  to  di- 
vorce Winney  Gribbles  and  James  Gribbles. 

Referred  to  the  committee  on  the  Judicial  Department. 

The  committee  on  the  Judicial  Department  report  that 
having  considered  the  petition  of  Archibald  Hancy,  are  of 
the  opinion  that  he  ought  to  have  the  relief  prayed  for,  and 
report  an  ordinance  to  that  effect,  as  follows : 


MO  CONVENTION  JOURNAL.  [Session 

Section  1.  Beit  or&alned by  the 'people  of  North-Carolina, 
in  Convention  assembled,  That  the  bonds  of  matrimony  be- 
tween Archibald  Hancy  and  Cornelia,  his  wife,  be,  and  they 
are  hereby  dissolved. 

W.  B.  RODMAN,  Chairman. 

The  report  was  accepted. 

The  committee  to  whom  was  referred  the  petition  of  James 
Overton,  praying  for  a  divorce  from  his  wife,  having  consid- 
ered the  same,  are  of  opinion  that  the  request  should  be 
granted,  and  report  herewith  an  ordinance  to  that  effect. 

Section  1.  Be  It  ordained  by  the. people  of  North-Carolina 
In  Convention  assembled,  That  James  Overton  and  Char- 
lotte, his  wife,  are  hereby  divorced  from  the  bonds  of  matri- 
mony. 

The  report  was  accepted. 

Leave  of  absence  was  granted  Mr.  Hayes,  of  Halifax,  1111* 
til  Monday  next. 

Leave  of  absence  was  also  granted  Mr.  Mayo. 

The  hour  of  eleven  having  arrived,  the  Honse  took  up  the 
report  of  the  committee  on  Suffrage  and  Eligibility  to  office, 
which  wa3  discussed  for  some  time. 

The  report  of  the  committee  on  re-districting  the  State, 
Was  received  and  made  a  special  order  for  Thursday,  at  10J 
o'clock,  A.  M. 

On  motion,  the  House  adjourned. 


AFTERNOON  SESSION,  Ffbruaky  19th,  1868. 

The  Convention  was  called  to  order  at  7£  o'clock  by  the 
President. 

The  roll  Was  called,  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Andrews,  Aydlott,  Barnes,  Benbow,  Blume, 
Carter,  Candler,  Congleton,  Cox,  Daniel,  Duckworth,  Dur- 
ham, Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  French  of 
Rockingham,  Fullings,  George,  Graham  of  Montgomery, 
Grant  of  Wayne,  Grant  of  Northampton,  Gunter,  Hall,  Har- 


3868.-3  CONVENTION  JOURNAL.  241 

ris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Hollo  well,  Hyman,  Jones  of  Caldwell, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Legg,  Long, 
McCubbins,  Merritt,  McDonald  of  Chatham,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Patrick, 
Parks,  Petree,  Pierson,  Ragland,  Ray,  Read,  Rhodes,  Rich, 
Rebbins,  Rose,  Smith,  Taylor,  Teague,  Tonrgee,  Trogden, 
Turner,  Watts  and  Welker— 69. 

On  motion  of  Mr.  Abbott,  the  ordinance  on  intimidation 
was  made  a  special  order  for  10J  o'clock,  on  Monday  next. 

The  following  committee  were  appointed  on  the  tinal  ad- 
journment of  this  Convention  :  Messrs,  Forkner,  Blume  and 
Taylor. 

rOn  motion,  the  House  adjourned. 


THURSDAY,  February  20th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  Mr, 
Heaton,  who  nominated  Mr.  King,  of  Lenoir,  to  the  Chair, 

Prayer  by  the  Rev.  J.  W.  Hood, 

Mr.  C.  J.  Cowles  took  the  Chair  and  announced  a  quorum, 

The  Journal  of  Wednesday  was  read  and  approved. 

Mr.  McDonald,  Chairman  of  the  Committee  appointed  to 
report  on  an  ordinance  for  the  relief  of  the  Sheriff  of  Orange, 
reported. 

The  report  was  accepted. 

Mr.  Nicholson  presented  an  ordinance  respecting  the  ex- 
emption of  a  Homestead,  &c,  which  was, 

On  motion,  ordered  to  be  printed, 

Mr.  Robbins,  of  Bertie,  presented  an  ordinance  in  relation 
to  the  indenture  of  apprentices. 

Referred  to  the  Committee  on  the  Judicial  Department, 

The  hour  of  10/§  having  arrived,  the  report  of  the  Commit- 
tee on  the  re-districting  of  the  State  as  follows,  Was  taken  up 
and  discussed : 


16 


242  CONVENTION  JOUBNAL.  [Session 

To  the  Constitutional  Convention  of  North-  Carolina  : 

The  undersigned  Committee  on  re-districting  Congressional 
Districts,  respectfully  report  the  following  ordinance  and  re- 
commend its  passage ; 

BYEON  LAFLIN, 
JASPEE  ETHEBIDGE, 
W.  H.  LOGAN, 
J.  H.  HAEEIS, 
A.  W.  FISHEE, 
E.  E.  TBOGDEN, 
MILTON  HOBBS. 

AN  OEDINANCE    TO  DIVIDE   NOETH-CAEOLINA 
INTO  SEVEN  CONGEESSIONAL  DISTEICTS. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina 
m  Convention  assembled,  and  it  is  hereby  ordained  by  author- 
ity of  the  same,  That  for  the  purpose  of  electing  Bepresenta- 
tives  in  the  Congress  of  the  United  States,  the  State  shall  be 
divided  into  seven  Districts,  as  follows,  namely :  The  first 
District  shall  be  composed  of  the  Counties  of  Currituck,  Cam- 
den, Pasquotank,  Perquimans,  Chowan,  Hertford,  Gates. 
Northampton,  Halifax,  Martin,  Bertie,  Washington,  Tyr- 
rell, Hyde  and  Beaufort ;  the  second  District  of  the  Coun- 
ties of  Pitt,  Craven,  Jones,  Lenoir,  Wayne,  Greene,  Edge- 
combe, Wilson,  Onslow,  Carteret  and  Duplin ;  the  third 
District  of  the  Counties  of  Brunswick,  Columbus,  Bladen, 
New  Hanover,  Cumberland,  Sampson,  Eobeson,  Bichmond, 
Harnett,  Moore,  Montgomery,  Anson  and  Stanly ;  the  fourth 
District  of  the  Counties  of  Wake,  Franklin,  Warren,  Gran- 
ville, Orange,  Nash,  Johnson  and  Chatham ;  the  fifth  Dis- 
trict of  the  Counties  of  Alamance,  Eandolph,  Guilford, 
Eockingham,  Davidson,  Forsyth,  Stokes,  Surry,  Person 
and  Caswell ;  the  sixth  District  of  the  Counties  of  Eowan, 
Cabarrus,  Union,  Mecklenburg,  Gaston,  Lincoln,  Catawba, 
Iredell,  Davie,  Yadkin,  Wilkes  and  Alexander ;  the  seventh 
District  of  the  Counties  of  Ashe,  Alleghany,  Watauga,  Yan- 
cey, Mitchell,  McDowell,  Burke,  Caldwell,  Eutherford,  Cleve- 


1868.]  CONTENTION  JOURNAL.  243 

land,  Polk,  Henderson,  Transylvania,  Buncombe,  Madison, 
Haywood,  Jackson,  Macon,  Cherokee  and  Clay. 

The  hour  having  arrived,  the  President  announced  the 
Special  Order  of  the  day,  which, 

On  motion  of  Mr.  Sweet,  was  waived  to  allow  the  discus- 
sion on  the  report  of  the  Committee  on  re-districting  the 
State. 

Mr.  Hood  moved  to  re-commit  to  the  Committee  with  in- 
structions to  report  back  the  Counties  as  re-districted  by  the 
Convention  of  1865-'66. 

The  motion  was  lost. 

Mr.  Morton,  of  Stanly,  moved  to  amend  by  adding  Stanly 
County  to  the  sixth  District. 

The  amendment  was  lost. 

Mr.  Pool  moved  to  re-commit  with  instructions  to  re-dis- 
trict the  State  according  to  the  Registered  voters. 

The  motion  was  lost. 

Mr.  Morton  moved  to  amend  by  adding  Stanly  to  the  fifth 
District. 

The  motion  prevailed. 

The  question  recurred  to  the  original  report  of  the  Com- 
mittee as  amended,  which  was  adopted  by  the  following  vote, 
yeas  72,  nays  28 : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Benbow,  Blume,  Brad- 
ley, Bryan,  Carey,  Carter,  Colgrove,  Congleton,  Cox,  Daniel, 
Duckworth,  Eppes,  Fisher,  Forkner,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gal- 
loway, Garland,  George,  Grant  of  Wayne,  Gully,  Gunter, 
Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Heaton,  High- 
smith,  Hobbs,  Hoffler,  Hollo  well,  Ing,  Jones  of  Caldwell, 
Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Kin- 
ney, Laflin,  Lee,  Legg,  Logan,  McCubbins,  McDonald  of 
Chatham,  Mullican,  Murphy,  Newsoin,  Patrick,  Parks,  Pe- 
terson, Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes, 
Robbins,  Rose,  Smith,  Stilly,  Stillwell,  Sweet,  Taylor,  Tour- 
gee,  Welker,  Williams  of  Wake  and  Williamson — 72. 

Those  who  voted  in  the  negative  are  : 


2M  CONVENTION  JOURNAL.  [Session 

Messrs.  Barnes,  Candler,  Chillson,  Dickey,  Durham,  Ellis, 
Etheridge,  Glover,  Graham  of  Montgomery,  Graham  of 
Orange,  Grant  of  Northampton,  Hall,  Hare,  Hodnett,  Holt, 
Hood,  Hyraan,  Lennon,  Long,  Mann,  Merritt,  McDonald  of 
Moore,  Moore,  Nance,  Nicholson,  Sanclerlin,  Teague,  and  Tur- 
ner—28. 

The  report  of  the  Committee  on  Suffrage  was  taken  up. 

Mr.  Nicholson  asked  and  obtained  leave  of  absence  for  Mr. 
Grant,  of  Northampton. 

Mr.  Tourgee  gave  notice  of  a  resolution  to  be  offered  by 
him  to-morrow  in  relation  to  the  pay  of  members. 

Mr.  Hood  gave  notice  of  the  introduction  of  an  ordinance 
in  relation  to  Ministers  of  the  Gospel  and  Magistrates  of  Cum- 
berland County. 

Mr.  Pool  gave  notice  that  at  to-morrow  morning's  session, 
he  will  call  the  previous  question  on  Suffrage. 

Leave  of  absence  was  granted  Mr.  Cherry  until  Monday 
next. 

The  President  declared  no  quorum,  whereupon  the  House 
adjourned. 


FRIDAY,  February  21st,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Atkinson. 

The  President  announced  a  quorum. 

The  Journal  of  Thursday  was  read  and  adopted. 

Leave  of  absence  was  granted  Mr.  Newsom  until  Wednes- 
day ;  also  to  Messrs.  French  and  Barnes,  of  Rockingham,  for 
the  same  time  ;  Mr.  Reade,  of  Warren,  from  Saturday  morning 
to  Monday  afternoon  ;  also  Mr.  Holt,  of  Orange,  until  Tues- 
day next ;  also  Mr.  E.  Fullings. 

Mr.  Jones,  of  Washington,  introduced  the  following  pre- 
amble and  resolution  : 

Whereas,  By  section  6th  of  the  104th  chapter  of  the  Re- 
vised Code  of  North-Carolina,  it  is  made  the  duty  of  the  Sec- 


1868.]  CONTENTION  JOURNEL.  245 

retary  of  State  to  furnish  suitable  stationery  and  the  necessa- 
ry fuel  tor  all  legislative  bodies  of  the  State  ;  therefore 

Resolved,  That  from  and  after  this  date,  the  Secretary  of 
State  be,  and  is  hereby  requested  to  supply  the  officers  and 
members  of  this  Convention  with  the  necessary  stationery 
and  suitable  fuel,  and  that  the  officers  of  this  Convention, 
whose  duty  it  is  to  look  after  the  stationery  and  fuel,  are 
hereby  directed  to  call  on  the  Secretary  of  State. 

The  rules  were,  on  motion,  suspended,  and  the  resolution 
adopted. 

Mr.  King  introduced  a  resolution  amending  the  rules  of 
order. 

Lies  over. 

Mr.  Hood  presented  the  following  ordinance  : 

AN  ORDINANCE  TO  EXEMPT  MINISTERS  OF  THE 
GOSPEL  AND  JUSTICES  OF  THE  PEACE  IN  THE 
COUNTY  OF  CUMBERLAND,  FROM  THE  PENAL- 
TY IMPOSED  BY  THE  ACT  OF  THE  GENERAL 
ASSEMBLY  OF  NORTH-CAROLINA  FOR  CELE- 
BRATING THE  RITES  OF  MATRIMONY  IN  SAID 
COUNTY,  WITHOUT  A  LICENSE  THEREFOR. 

"Whebeas,  There  is  no  Clerk  of  the  County  Court  in  the 
County  of  Cumberland,  (by  reason  of  the  death  of  the  late 
incumbent,)  and  therefore  no  one  legally  authorized  to  issue 
a  license  to  persons  desiring  to  intermarry  ;  and  whereas,  D. 
G.  McRae,  J.  W.  Lett,  and  E.  L.  Pemberton,  three  of  the 
Justices  of  the  Peace  in  and  for  said  County,  have  issued 
commissions  to  ministers  of  the  Gospel,  and  Justices  of  the 
Peace,  authorizing  and  empowering  them  to  celebrate  the 
rites  between  certain  parties  :  now  therefore 

Section  1.  Be  it  ordained  by  the  people  of  North-Caro- 
lina in  Convention  assembled,  and  it  is  hereby  ordained  by 
authority  of  the  same,  That  those  ministers  of  the  Gospel 
and  Justices  of  the  Peace  in  said  County,  who  have  or  may 
hereafter  solemnize  the  rites  of  matrimony,  under  a  commis- 
sion from  the  aforesaid  Justices   of  the  Peace,   be,  and  they 


24&  CONVENTION  JOURNAL.  [Session 

are  hereby  released  from  the  penalty  imposed  by  law  for  cel- 
ebrating the  rites  of  matrimony  without  having  a  license 
from  the  Clerk  of  the  County  Court  of  said  County. 

Sec.  2.  Be  it  further  ordained,  That  this  power  and  au- 
thority given  to  said  D.  G.  McRae,  J.  W.  Lett,  and  E.  L. 
Pemberton,  shall  cease  and  be  of  no  effect  from  and  after 
the  time  that  a  Clerk  of  the  County  Court  in  said  County 
shall  be  appointed,  and  shall  qualify  according  to  law. 

Mr.  Benbow  introduced  an  ordinance  on  Relief. 

Was  ordered  to  be  printed. 

Mr.  Andrews  introduced  an  ordinance  taxing  Theatrical 
and  Concert  companies,  and  moved  a  suspension  of  the  rules. 

Mr.  Jones,  of  Washington,  moved  to  lay  the  motion  on  the 
table. 

The  yeas  and  nays  were  demanded.     Yeas  52,  nays  50. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Aydlott,  Bradley,  Bryan,  Candler,  Congleton, 
Cox,  Daniel,  Dickey,  Durham,  Ellis,  Etheridge,  French  of 
Chowan,  Gahagan,  Garland,  Graham  of  Orange,  Gunter, 
Harris  of  Franklin,  Heaton,  Highsmith,  Hodnett,  Homer, 
Hollowell,  Hood,  Hyman,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Len- 
non,  Logan,  May,  McCubbins,  Mullican,  Nicholson,  Parker, 
Parks,  Petree,  Peterson,  Pierson,  Pool,  Read,  Rose,  Stilly, 
Stilwell,  Sweet,  Tourgee,  Trogden,  Tucker,  Turner  and 
Welker— 52. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Benbow,  Blume, 
Carey,  Carter,  Clrillson,  Dowd,  Duckworth,  Forkner,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  Galloway, 
Graham  of  Montgomery,  Grant  of  Wayne,  Gully,.  Hall, 
Hare,  Harris  ot  Wake,  Hay,  Hayes  of  Robeson,  Ing,  Laflin, 
Legg,  Long,  Mann,  Marler,  Merritt,  McDonald  of  Chatham, 
McDonald  of  Moore,  Moore,  Morton,  Murphy,  Nance,  Pat- 
rick, Ragland,  Ray,  Renfrow,  Rich,  Robbins,  Rodman,  Smith, 
Taylor,  Watts,  Williams  of  Wake  and  Williamson — 50. 

The  motion  was  laid  on  the  table. 

The  ordinance  lies  over. 


1868.]  CONTENTION  JOURNAL.  247 

Mr.  Ashley  introduced  a  resolution  in  relation  to  the  pay 
of  employees  of  this  House. 

Lies  over  under  the  rules. 

The  hour  of  eleven  having  arrived,  the  House  took  up  the 
Suffrage  Bill  which  was  discussed  until  2  o'clock  P.  M.,  when, 

On  motion,  the  House  adjourned. 


EVENING  SESSION,  February  21st,  1868. 

The  Convention  was  -ealled  to  order  at  7$  o'clock  by  the 
President. 

A  quorum  present.  « 

The  report  of  the  committee  on  Suffrage  and  Eligibility  to 
office  was  taken  up  and  discussed. 

Leave  of  absence  was  granted  Mr.  Graham,  of  Orange,  and 
Mr.  Hare  until  Thursday  next ;  and  Mi*.  Watts  obtaincd 
leave  of  absence  until  Monday. 

At  10  o'clock,  the  House,  on  motion,  adjourned. 


SATURDAY  February  22d,  1868. 

The  Convention  was  called  to  order  at  10  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Brewer. 

The  President  announced  a  quorum. 

The  Journal  of  Friday  was  read  and  approved. 

Leave  of  absence  was  granted  Mr.  Congleton  until  Tuesday 
aiext. 

Mr.  McDonald  of  Chatham  introduced  the  following  reso- 
tion : 

Mesolwd,  That  in  respect  to  the  memory  and  in  honor  to 
the  distirguished  services  of  General  George  Washington, 
he,  who  was  "  first  in  war,  first  in  peace  and  first  in  the  hearts 
of  his  countrymen,"  this  Convention  adjourn  until  10  o'clock, 
A.  M.,  Monday  next. 

Mr,  Andrews  moved  a  suspension  of  the  rules. 


248  CONTENTION  JOURNAL.  [Session. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  motion  on  the  table, 
and  demanded  the  yeas  and  nays. 

The  motion  was  sustained,  yeas  68,  nays  22. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott  Ashley,  Carter,  Colgrove  Cox,  Daniel,, 
Dickey,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge,  Fisher,, 
Forkner,  French  of  Bladen,  French  of  Chowan,  Gahagan, 
Garland,  George,  Grant  of  Wayne,  Gunter,  Harris  of  Frank- 
lin, Hay,  Hayes  of  Robeson,  Highsmith,  Hobbs,  Hodnett, 
Homer,  HolTowell,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,. 
Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Kin- 
ney, Lee,  Lennon,  Logan,  Long,  Mann,  May,  Marler,  McCub- 
bins,  Merritt,  Mullican,  Nance,  Nicholson,  Parker,  Parks,  Pe- 
tree,  Pierson,  Pool,  Ray,  Rhodes,  Rbbbins,  Rodman,  Rose, 
Stilly,  Stilwell,  Sweet  Teague,  Tourgee,  Trogden,.  Tucker,, 
Welker  and  Williams  of  Sampson — 68. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Baker,  Bradley,  Bryan,  Candler,  Chill- 
son,  Dowd,  Franklin,  Galloway,  Graham  of  Montgomery,. 
Gully,  Harris  of  Wake,  Legg,  McDonald  of  Chatham,  Moore,. 
Morton,  Murphy,  Patrick,  Ragland,  Rich,  Turner,  and  Wil- 
liams of  Wake — 22. 

Mr.  Galloway  moved  to  adjourn  until  Monday  at  10  A.  M. 

Mr.  Hodnett  demanded  the  yeas  and  nays. 

The  motion  was  lost,  yeas  16,  nays  75. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Baker,  Carey,  Chillson,  Dbwd,  Franklin,, 
French  of  Bladen,  Galloway,  Harris  of  Wake,  Legg,  Mann, 
McDonald  of  Chatham,  McDonald  of  Moore,  Ragland,  Rich, 
and  Turner — 16. 

Those  who  voted  in  the  negative  are  r 

Messrs.  Abbott,  Ashley,  Aydlott,  Benbow,  Bradley,  Bryan, 
Carter,  Candler,  Colgrove,  Cox,  Daniel,  Dickey,  Duckworth, 
Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  French  of 
Chowan,  Gahagan,  Garland,  George,  Grant  of  Wayne,  Gully, 
Gunter,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Heaton, 
Hobbs,  Hodnett,  Homer,  Hollowell,  Hood,  Hyman,  Ing,  Jones 
of  Caldwell,  Jones  of  Washington,  King  of  Lincoln,.  King  of. 


1868.]  CONVENTION  JOURNAL.  249* 

Lenoir,  Kinney,  Lee,  Lennon,  Logan,  Long,  May,  Marler,. 
McCnbbins,  Merritt,  Mullican,  Nance,  Nicholson,  Patrick;, 
Parker,  Parks,  Petree,  Pierson.,,  Pool,  Ray,  Renfrow,  Rhodes, 
Robbins,  Rodman,  Rose,  Stilly,  Stilwell,  Sweet,  Teague,, 
Tonrgee,  Trogden,  Tucker,  Welker,  Williams  of  Wake,  Wil- 
liams of  S-ampson  and  Williamson — 75. 

Mr.  French,  of  Chowan,  presented  the  following  resolu- 
tion : 

.Resolved,  That  with  profound  reverence  for  the  memory  of 
George  Washington,  we  will  honor  the  day  of  his  birth,  not 
by  adjourning,  but  by  proceeding  to  engraft  upon  the  Consti- 
tution the  great  principles  of  justice  and  liberty,  which  have- 
made  his  name  illustrious. 

On  motion  the  rules  were  suspended,  and  the  resolution 
adopted. 

At  I0|-  o^dock,  on  motion,  the,  rules  were  suspended  to  take- 
up  the  Report  of  the  Committee  on  Suffrage,  which  was  dis- 
cussed until  2  o'clock,  P.  M.,  when, 

Mr.  C.  C.  Pool  moved  to  adjourn  until  10  o'clock,  Monday. 

Mr.  McDonald,  of  Chatham,  demanded  the  yeas  and  nays.. 

The  demand  was  not  sustained. 

The  motion  was  adopted. 


MONDAY,  Febeuasy.  24th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,,  by  the- 
President. 

Prayer  by  the  Rev.  J.  W.  Hood., 

The  President  announced  a  quorum. 

The  Journal  of  Saturday  was  read  and  approved. 

Mr.  Harris,  of  Wake,  presented,  a  petition  of  divorce  in 
favor  of  Littleton  Perrv. 

*j 

Referred  to  the  Committee  on  Divorce. 
Mr.  Andrews  presented  a  similar  petition  in  favor  of  Henry? 
Q.  Wood. 
Referred  to  the  Committee  on  Divorce. 


250  CONTENTION  JOURNAL.  [Session 

Mr.  Pool  presented  two  ordinances  on  relief,  which  were 
ordered  to  be  printed. 

The  following  report  was  presented : 

The  Committee  ordered  to  report  to  the  Convention,  when 
In  our  opinion  this  Convention  should  adjourn  sine  die,  beg 
leave  to  submit  the  following  report : 

Resolved,  That  this  Convention  will  adjourn  sine  die,  on 
Tuesday  the  10th  day  of  March  next,  at  12  o'clock,  M. 

SAMUEL  FORKNER, 
MATCHET  TAYLOR, 
WM.  T.  BLUME. 

On  motion,  the  report  was  accepted. 

On  motion  of  Mr.  Abbott,  the  report  was  made  a  Special. 
Order  for  Monday  next,  at  10|-  o'clock. 

Mr.  McDonald,  of  Chatham,  introduced  a  resolution  in  rela- 
tion to  a  Penitentiary.  v 

Referred  to  the  Committee  on  Penal  Institutions. 

Mr.  Tourgee  introduced  the  following  resolution,  notice  of 
which  having  been  previously  given  : 

Resolved,  That  each  member  of  this  Convention  is  entitled 
to  pay  from  the  first  day  of  the  session,  and  no  member  shall 
be  deprived  of  pay  for  overstaying  the  leave  granted  by  this 
Convention,  for  any  valid  reason, 

The  resolution  was,  on  motion  adopted. 

Mr.  Abbott  introduced  an  ordinance  to  incorporate  the 
North  "Western  North-Carolina  Rail  Road  Company. 

Referred  to  the  Committee  on  Internal  Improvements. 

Ten  and  a  half  o'clock  having  arrived,  the  ordinance  estab- 
lishing an  Immigration  Agency,  was  taken  up  and  discussed 
until  11  o'clock. 

Mr.  McDonald  withdrew  his  amendment. 

The  report  of  the  Committee  on  Suffrage  and  Eligibility  to 
Office,  was  taken  up. 

Mr.  Galloway  withdrew  his  substitute,  when  the  majority 
report  was  taken  up  and  considered. 

Section  1st  was  read. 

Mr.  Heaton  moved  to  amend  fifth  line,  by  striking  out 
"'  three  months,"  and  inserting  "  thirty  days." 


1868.]  CONTENTION  JOURNAL.  251 

The  amendment  was  adopted. 

Mr.  Jones,  of  Washington,  offered  an  amendment. 

The  following  amendment  of  Mr.  French,  of  Bladen,  to 
section  1st,  was  taken  np  and  discussed : 

After  the  word  elector,  except  as  hereinafter  provided,  viz  : 

1st.  All  persons  who,  prior  to  the  year  1861,  held  any  office 
under  the  United  States  Government,  or  held  any  office  as  a 
member  of  any  State  Legislature,  or  as  an  Executive  or  Judi- 
cial officer  of  any  State,  and  afterwards  engaged  in  insurrec- 
tion or  rebellion  against  the  United  States,  or  gave  aid  and 
comfort  to  the  enemies  thereof ;  but  the  General  Assembly 
may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disa- 

,  bility. 

2d.  Those  generally  known  as  idiots  or  insane  persons. 

3d.  All  persons  who  shall  have  been  convicted  of  any  infa- 
mous crime  :  Provided  further,  That  the  first  exception  in 
this  section  shall  not  apply  to  those  who  may  have  their  disa- 
bilities to  hold  office  removed  by  the  Congress  of  the  United 
States,  before  the  approval  of  this  Constitution  by  that  body. 

Mr.  Pool  called  the  previous  question,  which  was  sustained. 

Mr.  French,  of  Bladen  demanded  the  yeas  and  nays, 

Which  resulted  yeas  23,  nays  77. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bryan,  Carter,  Candler,  Dickey,  Fisher,  French  of 
Bladen,  Galloway,  Garland,  Gully,  Kinney,  Logan,  May, 
Moore,  Murphy,  Parks,  Petree,  Ray,  Rhodes,  Bobbins,  Rose, 
Teague,  Tourgee  and  Turner — 23. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Benbow, 
Blume,  Bradley,  Carey,  Cherry,  Chillson,  Colgrove,  Cox, 
Daniel,  Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge, 
Forkner,  Franklin,  French  of  Chowan,  Fullings,  George, 
Glover,  Graham  of  Orange,  Gunter,  Hay,  Hayes  of  Robeson, 
Heaton,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones,  of  Washington, 
King  oi  Lincoln,  King  of  Lenoir,  Lee,  Legg,  Lennon,  Long, 
Mann,  Marler,  McCubbins,  Merritt,  McDonald  of  Chatham, 
McDonald,  of  Moore,  Morton,  Mullican,   Nance,  Nicholson, 


252  CONTENTION  JOURNAL.  [Session 

Parker,  Peterson,  Pierson,  Pool,  Pagland,  Penfrow,  Pich, 
Rodman,  Sanderlin,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor, 
Trogden,  Tucker,  Watts,  Welker,  Williams  of  Sampson  and 
Williams  of  Wake— 1%. 

The  amendment  was  not  sustained. 

The  amendment  of  Mr.  Jones,  of  Washington,  was  taken 
up  and  lost. 

Section  1st,  as  amended,  was  then  adopted. 

Section  2d  was  read. 

Mr.  Jones,  of  Washington,  moved  to  strike  out  the  section, 
and  insert  as  follows : 

"  It  shall  be  the  duty  of  the  General  Assembly  to  provide, 
from  time  to  time,  for  the  registration  of  all  electors  ;  that  no 
person  shall  be  allowed  to  register,  vote,  or  hold  office  with- 
out having  first  taken  and  subscribed  to  the  annexed  oath   : 

OATH. 

I  do  solemnly  swear,  (or  affirm,)  that  I  will  support  and 
maintain  the  Constitution  of  the  United  States,  and  the  Con- 
stitution  of  the  State  of  North-Carolina,  not  inconsistent  there- 
with, that  I  will  never  countenance  or  aid  in  the  secession  of 
this  State  from  the  United  States,  that  I  accept  the  political 
and  civil  equality  of  all  men.     So  help  me  God." 

Mr.  Tourgee  moved  to  amend  the  section  introduced  by  Mr. 
Jones,  by  substituting  the  oath  of  the  Minority  Report,  or 
the  oath  prescribed  in  that  section. 

Mr.  Pool  moved  to  lay  the  substitute  of  Mr.  Jones,  and  the 
amendment  of  Mr.  Tourgee,  on  the  table. 

The  yeas  and  nays  were  demanded. 

The  motion  was  not  sustained  by  a  vote  of  yeas  44,  nays  55. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Baker,  Benbow,  Bradley,  Cherry, 
Colgrove,  Daniel,  Dowd,  Durham,  Ellis,  Etheridge,  Forkner, 
George,  Graham  of  Orange,  Heaton,  Hodnett,  Hollowell,  Ing, 
Jones  of  Caldwell,  King  of  Lenoir,  Legg,  Lennon,  Long,  Mar- 
ler,  McCubbins,  Merritt,  McDonald  of  Chatham,  McDonald 
of  Moore,  Mullican,  Nance,  Nicholson,  Parker,  Peterson,  Pool, 


1868.]  CONVENTION  JOURNAL.  253 

Rich,  Rodman,  Sanderlin,  Stilly,  Sweet,  Taylor,  Watts,  "Wil- 
liams of  Sampson  and  Williams  of  Wake — 44. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Aydlott,  Blume,  Bryan,  Carter,  Candler, 
Chillson,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher,  Franklin, 
French  of  Bladen,  French  of  Chowan,  Fullings,  Galloway, 
Garland,  Glover,  Graham  of  Montgomery,  Gully,  Gunter, 
Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Flighsmith,  Hobbs,  Hoffler,  Hood,  Hyman,  Jones  of  Washing- 
ton, Kinney,  Lee,  Mann,  May,  Moore,  Morton,  Murphy,  Parks, 
Petree,  Pierson,  Raglancl,  Ray,  Renfrow,  Rhodes,  Bobbins, 
Rose,  Smith,  Stilwell,  Teague,  Tourgee,  Tucker,  Turner  and 
Welker— 55. 

The  amendment  of  Mr.  Tourgee  was  not  sustained,  by  a 
vote  of  yeas  33,  nays  63  : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Andrews,  Bryan,  Carey,  Carter,  Candler,  Chillson, 
Duckworth,  Fisher,  Franklin,  French  of  Bladen,  Galloway, 
Garland,  Glover,  Graham  of  Montgomery,  Gully,  Gunter, 
Harris  of  Franklin,  Hay,  Ing,  Kinney,  Logan,  Mann,  Moore, 
Murphy,  Parks,  Ragland,  Ray,  Rhodes,  Robbins,  Rose,  Teague, 
Tourgee  and  Turner — 33. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Benbow,  Bradley, 
Cherry,  Colgrove,  Cox,  Daniel,  Dickey,  Dowd,  Durham, 
Ellis,  Eppes,  Etheridge,  Forkner,  French  of  Chowan,  Fullings, 
George,  Graham  of  Orange,  Hayes  of  Robeson,  Heaton,  High- 
smith,  Hobbs,  Hoffler,  Hollowell,  Hyman,  Jones  of  Caldwell, 
Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Legg, 
Lennon,  Long,  May,  Marler,  McCubbins,  Merritt,  McDonald 
of  Chatham,  McDonald  of  Moore,  Morton,  Mullican,  Nance, 
Nicholson,  Parker,  Petree,  Peterson,  Pierson,  Pool,  Renfrow, 
Rich,  Rodman,  Sanderlin,  Smith,  Stilly,  Stilwell,  Sweet, 
Taylor,  Trogden,  Watts,  Williams  of  Sampson  and  Williams 
of  Wake— 63. 

Mr.  Abbott  moved  the  following  as  a  substitute : 

Insert  section  3d  of  the  Minority  Report  in  place  of  section 
2d  of  the  Majority  Report,  and  attach  the  following  : 


254  CONTENTION  JOURNAL.  [Session 

OATH   OF   OFFICE. 

I  do  solemnly  swear  (or  affirm,)  that  I  am  truly  and  de- 
votedly attached  to  the  Union  of  all  the  States,  and  opposed 
to  any  dissolution  of  the  same  ;  that  I  entertain  no  political 
sympathy  with  the  instigators  and  leaders  of  the  rebellion,  or 
with  the  enemies  of  the  Union,  nor  approbation  of  their  prin- 
ciples or  purposes  ;  that  I  will  neither,  by  word  or  act,  en- 
courage or  countenance  a  spirit  of  sedition  or  disaffection  to- 
wards the  Government  of  the  United  States  or  laws  thereof, 
and  that  I  will  sustain  and  detend  the  Union  of  these  States, 
and  will  discourage  and  resist  all  efforts  to  destroy  or  impair 
the  same. 

At  2-|-  o'clock,  the  House,  on  motion,  adjourned. 


EVENING  SESSION,  February  24th,  1868. 

The  Convention  was  called  to  order  at  7%  o'clock,  by  the 
President. 

The  President  announced  a  quorum. 

The  Majority  Report  of  the  Committee  on  Suffrage  and 
Eligibility  to  Office,  was  taken  up. 

Mr.  Abbott  withdrew  his  substitute  to  section  2d. 

The  question  recurred  on  the  substitute  offered  by  Mr.  Jones, 
of  Washington. 

Mr.  Heaton  moved  to  amend  the  substitute  of  Mr.  Jones, 
by  striking  out  the  oath  therein  contained  and  insert  the  fol- 
lowing : 


OATH. 


I, ,  do  solemnly  swear,  (or  affirm,)  that  I  will  support 

and  maintain  the  Constitution  and  laws  of  the  United  States, 
and  the  Constitution  and  laws  of  North-Carolina,  not  incon- 
sistent therewith.     So  help  me  God. 

Mr.  Tourgee  moved  to  amend  the  oath  in  substitute  of  Mr. 


1868.]  CONVENTION  JOURNAL,  255 

Jones,  by  inserting  after  the  word  "  Constitution,  and  laws," 
so  as  to  read  "  Constitution  and  laws  of  the  United  States." 

Mr.  Jones  accepted  the  amendment. 

After  some  discussion,  Mr.  Pool  called  the  previous  ques- 
tion, which  was  on  the  amendment  of  Mr.  Heaton. 

The  yeas  and  nays  were  demanded,  which  resulted  yeas  25, 
nay  62 : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Andrews,  Aydlott,  Benbow,  Bryan,  Cherry,  Cox, 
Forkner,  George,  Gully,  Harris  of  Wake,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hood,  Legg,  Mayo,  McDonald  of 
Moore,  Petree,  Pierson,  Bobbins,  Bodman,  Sweet,  Trogden 
and  Williamson — 25. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Abbott,  Ashley,  Baker,  Blume,  Bradley,  Carey, 
Carter,  Candler,  Dickey,  Dowd,  Duckworth,  Ellis,  Eppes, 
Etheridge,  Fisher,  French  of  Bladen,  French  of  Chowan, 
Fullings,  Galloway,  Glover,  Graham  of  Montgomery,  Gunter, 
Harris  of  Franklin,  Hodnett,  Hofner,  Hollowell,  Hyman, 
Jones  of  Caldwell,  Jones  of  Washington,  King  of  Lenoir, 
Kinney,  Lafiin,  Lee,  Lennon,  Logan,  Mann,  Marler,  Mc- 
Cubbins,  Merritt,  McDonald  of  Chatham,  Moore,  Morton, 
Murphy,  Nicholson,  Parker,  Parks,  Pool,  Bagland,  Bead, 
Benfrow,  Bhodes,  Bich,  Bose,  Smith,  S  til  well,  Taylor, 
Teague,  Tourgee,    Tucker,  Turner,  Watts  and  Welker — 62. 

The  amendment  was  not  sustained. 

The  substitute  of  Mr.  Jones  was  taken  up. 

The  yeas  and  nays  were  demanded,  which  resulted  yeas  39, 
nays  52 : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Ashley,  Blume,  Carter,  Candler,  Chilson, 
Dickey,  Duckworth,  Eppes,  Fisher,  French  ol  Bladen,  Ful- 
lings, Galloway,  Glover,  Graham  of  Montgomery,  Hayes  of 
Bobeson,  Hayes  of  Halifax,  Jones  of  Washington,  Kinney, 
Lee,  Logan,  Mann,  Moore,  Morton,  Murphy,  Parks,  Bagland, 
Benfrow,  Bhodes,  Bobbins,  Bose,  Smith,  Stilwell,  Teague, 
Tourgee,  Tucker,  Turner,  Welker  and  Williamson — 39. 

Those  who  voted  in  the  negative,  are  : 


-256  CONVENTION  JOURNAL.  [Ses&ien 

Messrs.  Andrews,  Aydlott,  Baker,  Benbow,  Bradley,  Bryan, 
Oarey,  'Cherry,  Cox,  Daniel,  Dowd,  Ellis,  Etheridge,  Forkner, 
French  of  Chowan,  George,  Gully,  Gunter,  Harris  of  Wake, 
Hay,  Heaton,  Highsmith,  Llobbs,  Hodnett,  Hoffler,  Hollowell. 
Hood,  Hyman,  Jones  of  Caldwell,  King  of  Lincoln,  King  of 
Lenoir,  Legg,  Lennon,  Long,  Marler,  McCubbins,  Merritt, 
McDonald  of  Chatham,  McDonald  of  Moore,  Nance,  Nichol- 
son, Parker,  Pierson,  Pool,  Ray,  Read,  Rich,  Rodman,  Stilly, 
Sweet,  Taylor  and  Watts — 52. 

The  substitute  was  lost. 

Section  2d,  as  read,  was  adopted. 

Mr.  ToUrgee  called  up  the  following  resolution  of  Mr. 
Ashley,  for  action : 

Resolved,  That  the  Committee  on.  Contingent  Expenses  be 
instructed  to  allow  three  servants  of  this  Convention  two  (2) 
dollars  per  -day,  for  their  ■services  during  the  session  of  this 
Convention. 

The  resolution  was,  on  motion,  adopted. 

Leave  of  absence  was  granted  Mr.  Pool  for  one  week. 

At  11  o'clock,  the  House,  on  motion,  adjourned. 


TUESDAY,  February,  25th,  186S. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  Rev.  Mr.  Fiske. 

The  President  announced  a  quorum. 

The  Journal  of  Monday  was  read  and  approved. 

Mr.  Colgrove  recorded  his  vote  in  the  affirmative  on  section 
2d  of  the  report  of  the  Committee  on  Suffrage. 

Messrs.  Durham,  Holt  and  Etheridge  recorded  their  names 
in  the  negative  on  the  substitute  for  2d  section  of  the  Majority 
Report  on  Suffrage,  offered  by  Mr.  Jones,  of  Washington. 

Messrs.  Mullican  and  Ing  recorded  their  names  in  the  affirm- 
ative on  the  same  substitute. 

Mr.  Harris,  of  Wake,  moved  that  when  this  Convention 


1868.]  CONTENTION  JOURNAL.  257 

•adjourns,  it  adjourn  to  meet  at  11  o'clock  to-morrow,  "Wednes- 
day, 

Mr.  Tourgee  introduced  an  ordinance  in  relation  to  sheriff's 
executions,  &c. 

Lies  over  under  the  rules. 

Mr.  Tourgee  moved  a  suspension  of  the  rules,  to  take  up 
the  ordinance  on  Immigration. 

The  motion  was  not  entertained  by  the  President. 

Mr.  Tourgee  appealed  to  the  House,  when  the  House  sus- 
tained the  Chair  by  a  vote  of  yeas  61,  nays  4. 

The  Committee  on  Rules,  to  whom  was  referred  the  resolu- 
tion of  C.  C.  Jones,  in  regard  to  increasing  the  indebtedness 
of  the  State,  having  had  the  same  under  consideration,  re- 
spectfully report  the  following  substitute  and  recommend  its 
adoption  as  Rule  43  : 

Rule  43.  No  ordinance  shall  be  passed  to  raise  a  loan  of 
money  on  the  credit  of  the  State,  or  to  pledge  the  faith  of  the 
State  directly  or  indirectly,  for  the  payment  of  any  debt,  or 
to  impose  any  tax  upon  the  people  ot  the  State,  other  than 
for  the  necessary  expenses  incurred  in  holding  this  Conven- 
tion ;  or  to  allow  the  Counties,  Cities,  or  Towns  to  do  so  un- 
less the  ordinance  for  that  purpose  shall  have  been  read  three 
several  times  in  the  Convention,  and  passed  three  several  read- 
ings, which  readings  shall  have  been  on  three  different  days, 
and  agreed  to  by  a  majority  of  the  whole  number  of  members 
of  the  Convention,  and  unless  the  yeas  and  nays  on  the  second 
•and  third  readings  of  the  ordinance  shall  have  been  entered 
■on  the  Journal. 

On  motion,  the  report  was  -adopted. 

The  hour  of  the  Special  Order  having  been  announced, 

The  House  took  up  the  report  of  the  Committee  on  Suffrage. 

Article  first  was  adopted  by  the  following  vote,  yeas  76, 
nays  27 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Ben- 
bow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson, 
Colgrove,  Daniel,  Dowd,  Duckworth,  Eppes,  Forkner,  Frank- 
lin, French  ot  Chowan,  Fulling&,  Galloway,  George,  Glover, 
17 


258  CONVENTION  JOURNAL.  [Session 

Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hobhs,  Hofiler,  Hollowell,  Hood7 
Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King. 
of  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Legg,  Long,  Mann, 
McDonald  of  Chatham,  McDonald  of  Moore,  Morton,  Mulli- 
can,  Murphy,  Nance,  Newsom,  Nicholson,  Patrick,  Parkerr 
Parks,  Petree,  Peterson,  Pierson,  Read,  Renfrow,  Rich,  Rob- 
bins,  Rodman,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Tucker, 
Turner,  Watts,  Williams  of  Wake  and  Williamson — 76. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Candler,  Cox,  Dickey,  Durham,  Etheridge,  Fisher,. 
French  of  Bladen,  Garland,  Graham  of  Montgomery,  Har- 
ris of  Franklin,  Holt,  Lennon,  Logan,  May,  Mayo,  Marler, 
Merritt,  McCubbins,  Moore,  Ray,  Rose,  Sanderlin,  Teague, 
Tourgee,  Trogden,  Welker  and  Williams  of  Sampson — 27. 

On  motion,  the  balance  of  the  report  of  the  Committee  was 
postponed  until  Thursday  next,  at  eleven  o'clock. 

The  following  report  of  the  Committee  on  the  Judicial  De- 
partment was  received,  and  passed  the  first  reading : 

PLAN  FOR  ORGANIZATION  OF  THE  JUDICIAL 
DEPARTMENT,  REPORTED  BY  THE  COMMITTEE 
ON  THAT  SUBJECT. 

JUDICIAL  DEPARTMENT. 

Section  1.  The  distinction  between  actions  at  law  and  suit& 
in  equity,  and  the  forms  of  all  such  actions  and  suits  shall  be 
abolished,  and  there  shall  be  in  this  State  but  one  form  of 
action,  for  the  enforcement  or  protection  of  private  rights  or 
the  redress  of  private  wrongs,  which  shall  be  denominated  a 
civil  action ;  ajid  every  action  prosecuted  bj"  the  people  of  the 
State  as  a  party,  against  the  person  charged  with  a  public 
offence,  for  the  punishment  of  the  same,  shall  be  termed  a 
criminal  action.  Feigned  issues  shall  also  be  abolished  and 
the  fact  at  issue  tried  by  order  of  Court  before  a  jury. 

Sec  2.  Three  Commissioners  shall  be  appointed  by  this- 
Convention  to  report  to  the  General  Assembly  at  its  first  ses- 


1868.]  CONVENTION  JOUENAL.  259 

sion  after  this  Constitution  shall  be  adopted  by  the  people, 
rules  of  practice  and  procedure  in  accordance  with  the  pro- 
visions of  the  foregoing  section. 

Sec.  3.  The  same  Commissioners  shall  also  report  to  the 
General  Assembly  as  soon  as  practicable,  a  Code  of  Law  of 
North-Carolina.  The  General  Assembly  shall  have  power  to 
fill  vacancies  occurring  in  this  Commission. 

JUDICIAL   POWER. 

Sec  4.  The  Judicial  power  of  the  State  shall  be  vested  in 
a  Court  for  the  trial  of  Impeachment,  a  Supreme  Court,  Su- 
perior Courts,  Courts  of  Justices  of  the  Peace,  and  Special 

Courts. 

IMPEACHMENT. 

Sec.  5.  The  Court  for  the  trial  of  Impeachments  shall  be 
the  upper  house  of  General  Assembly.  A  majority  of  the 
members  shall  be  necessary  to  a  quorum,  and  the  judgment 
shall  not  extend  beyond  removal  from,  and  disqualification  to 
hold,  office  in  this  State ;  but  the  party  shall  be  liable  to  in- 
dictment and  punishment  according  to  law. 

Sec.  6.  The  House  of  Eepresentatives,  solely,  shall  have  the 
power  of  impeaching.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  Senators  present.  When 
the  Governor  is  impeached  the  Chief  Justice  shall  preside. 

Sec  7.  Treason  against  the  State  shall  consist  only  in  levy- 
ing war  against  it,  or  adherring  to  its  enemies,  giving  them 
aid  and  comfort.  No  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court.  No  conviction  of  treason 
or  attainder  shall  work  corruption  of  blood  or  forfeiture. 

THE   SUPREME   COURT — ITS  CONSTITUTION. 

Sec.  8.  The  Supreme  Court  shall  consist  of  a  Chief  Justice 
and  four  Associate  Justices. 


260 


CONTENTION  JOURNAL. 


[Session 


Sec.  9.  There  shall  be  two  terms  of  the  Supreme  Court, 
held  at  the  seat  of  Government  of  the  State  in  each  year, 
commencing  on  the  first  Monday  in  January,  and  first  Mon- 
day in  June,  and  continuing  as  long  as  the  public  interests 
may  require. 

Sec.  10.  The  Supreme  Court  shall  have  jurisdiction  to  re- 
view, upon  appeal,  any  decision  of  the  Courts  below,  upon 
any  matter  of  law  or  legal  inference ;  but  no  issue  of  fact 
shall  be  tried  before  this  Court,  and  its  decisions  shall  be  re- 
mitted to  the  Courts  below  to  be  enforced :  Provided,  That 
the  Court  shall  have  power  to  issue  any  remedial  writs,  neces- 
sary, to  give  it  a  general  supervision  and  control  of  the  inferior 
Courts. 

Sec.  11.  The  Supreme  Court  shall  have  original  jurisdiction 
to  hear  claims  against  the  State,  but  its  decisions  shall  be 
merely  recommendatory  ;  no  process  in  the  nature  of  execu- 
tion shall  issue  thereon ;  they  shall  be  reported  to  the  next 
session  of  the  General  Assembly  for  its  action. 

THE   SUPERIOR   COURTS. 

Sec.  12.  The  State  shall  be  divided  into  twelve  Judicial 
Districts,  for  each  of  which  a  Judge  shall  be  chosen,  who  shall 
hold  a  Superior  Court  in  each  County  in  said  District,  at 
least  twice  in  each  year,  to  continue  for  two  weeks,  unless 
the  business  shall  be  sooner  disposed  of. 

Sec.  13.  Until  otherwise  altered  by  law,  the  following  stall 
be  the  Judicial  Districts : 


FIRST   DISTRICT. 

Currituck, 

Perquimans, 

Hertford, 

Camden, 
Chowan, 
Bertie. 

SECOND   DISTRICT. 

Pasquotank, 
Gates, 

Tyrrell, 

Beaufort, 

Edgecombe. 

Hyde, 
Martin, 

Washington, 
Pitt, 

1868.] 


CONVENTION  JOURNAL. 


261 


THIRD   DISTRICT. 

Craven, 

Carteret, 

Jones, 

Greene, 

Onslow, 

Lenoir, 

Wayne, 

Wilson. 

FOURTH   DISTRICT. 

Brunswick, 

New  Hanover, 

Duplin, 

Columbus, 

Bladen, 

Sampson, 

Robeson. 

FIFTH   DISTRICT. 

Cumberland, 

Harnett, 

Moore, 

Richmond, 

Anson, 

Montgomery, 

Stanly, 

Union. 

SIXTH   DISTRICT. 

Northampton, 

Warren, 

Halifax, 

Wake, 

Nash, 

Franklin, 

Johnson, 

Granville. 

SEVENTH   DISTRICT. 

Person, 

Orange, 

Chatham, 

Randolph, 

Guilford, 

Alamance, 

Caswell, 

Rockingham. 

EIGHTH   DISTRICT. 

Stokes, 

Forsyth, 

Davidson, 

Rowan, 

Davie, 

Tadkin, 

Surry. 

NINTH   DISTRICT. 

Union, 

Cabarrus, 

Mecklenburg, 

Lincoln, 

Gaston, 

Cleaveland, 

Rutherford, 

Polk. 

262 


CONVENTION  JOUKNAL. 


[Session 


TENTH   DISTEICT. 

Iredell, 
Caldwell, 

Alexander, 
Burke, 

ELEVENTH   DISTEICT. 

Wilkes, 
McDowell 

Alleghany, 

Mitchell, 

Buncombe. 

Ashe, 
Yancey, 

Watauga, 
Madison, 

TWELFTH    DISTRICT. 


Henderson, 

Transylvania, 

Haywood 

Macon, 

Jackson, 

Clay, 

Cherokee. 

Sec.  14.  Every  Judge  of  a  Superior  Court  shall  reside  in 
his  District  while  holding  his  office.  The  Judges  may  ex- 
change districts  with  each  other  with  the  consent  of  the  Gov- 
ernor, and  the  Governor,  for  good  reasons,  which  he  shall  re- 
port to  the  Legislature  at  its  current  or  next  session,  may  re- 
quire any  Judge  to  hold  one  or  more  specified  terms  of  said 
courts  in  lieu  of  the  Judge  in  whose  district  they  are. 

Sec  15.  The  Superior  Courts  shall  have  exclusive  original 
jurisdiction  of  all  civil  actions,  whereof  exclusive  original  ju- 
risdiction is  not  given  to  some  other  court ;  and  of  all  crimi- 
nal actions,  in  which  the  punishment  may  exceed  a  fine  of 
fifty  dollars  or  imprisonment  for  one  month. 

Sec.  16  The  Superior  Courts  shall  have  appellate  jurisdic- 
tion of  all  issues  of  law  or  fact  determined  by  a  Probate 
Judge  or  a  Justice  of  the  Peace,  where  the  matter  in  contro- 
versy exceeds  twenty-five  dollars,  and  of  matters  of  law  in  all 
cases. 

Sec.  17.  The  Clerks  of  the  Superior  Courts  shall  have  ju- 
risdiction of  the  probate  of  deeds,  the  granting  of  letters  tes- 
tamentary and  of  administration,  the  appointment  of  guar- 
dians, the  apprenticing  of  orphans,  to  audit  the  accounts  of 


1868.]  CONTENTION  JOURNAL.  263 

executors,  administrators  and  guardians,  and  of  such  other 
matters  as  shall  be  prescribed  by  law.  All  issues  of  fact  join- 
ed before  them  shall  be  transferred  to  the  Superior  Courts  for 
trial,  and  appeal  shall  lie  to  the  Superior  Courts  from  their 
judgments  in  all  matters  of  law. 

Sec.  18.  In  all  issues  of  fact  joined  in  any  court,  the  parties 
may  waive  their  right  to  have  the  same  determined  by  jury, 
"in  which  case  the  finding  of  the  Judge  upon  the  facts,  shall 
have  the  force  and  effect  of  a  verdiet  of  a  jury. 

Sec.  19.  The  General  Assembly  shall  provide  for  the  es- 
tablishment of  special  eourts,  for  the  trial  of  misdemeanors, 
;in  cities  and  towns  where  the  same  may  be  necessary. 

Sec.  20.  The  Clerk  of  the  Supreme  Court  shall  be  appoin- 
ted by  the  Court,  and  shall  hold  his  office  for  eight  years. 

Sec.  21.  A  Clerk  of  the  Superior  Court  for  each  county, 
«hall  be  elected  by  the  qualified  voters  thereof,  at  the  time 
.and  in  the  manner  prescribed  by  law,  for  the  election  of 
members  of  the  General  Assembly. 

Sec.  22.  Clerks  for  the  Superior  Courts  shall  hold  their  of- 
fice for  four  years. 

Sec  23.  The  General  Assembly  shall  prescribe  and  regu- 
late the  fees,  salaries,  and  emoluments  of  all  officers  provided 
for  in  this  Article ;  but  the  salaries  of  the  Judges  shall  not  be 
diminished  during  their  continuance  in  office. 

Sec  24.  The  laws  of  North-Carolina,  not  repugnant  to  this 
Constitution,  shall  be  in  force  until  lawfully  altered. 

Sec.  25.  Actions  at  law,  and  suits  in  equity,  pending  when 
this  Constitution  shall  go  into  effect,  shall  be  transferred  to 
the  courts  having  jurisdiction  thereof,  without  prejudice  by 
reason  of  the  change,  and  all  such  actions  and  suits,  com- 
menced before,  and  pending  at,  the  adoption  by  the  General 
Assembly,  of  the  rule  of  practice  and  procedure  herein  pro- 
vided for,  shall  be  heard  and  determined,  according  to  the 
practice  now  in  use,  unless  otherwise  provided  for  by  said 
irules. 

Sec.  26.  The  Justices  of  the  Supreme  Court  shall  be  elec- 
ted by  the  qualified  voters  of  the  State,  as  is  provided  for  the 
.'election  of  members  of  the  General  Assembly.     They  shall 


264  CONVENTION  JOURNAL.  [Session- 

hold  their  offices  for  sixteen  years.  The  Judges  of  the  Supe- 
rior Courts  shall  be  elected  in  like  manner,  and  shall  hold 
their  offices  for  twelve  years  ;  but  the  Judges  of  the  Superior 
Courts  elected  at  the  first  election  under  this  Constitution, 
shall,  after  their  election  uuder  the  superintendence  of  the 
Justices  of  the  Supreme  Court,  be  divided  by  lot,  into  three 
equal  clases,  one  of  which  shall  hold  office  for  four  years-,, 
another  for  eight  years,  and  the  third  for  twelve  years. 

Sec.  27.  The  Superior  Courts  shall  be,  at  all  times,  open 
for  the  transaction  of  business  within  their  jurisdiction,  ex- 
cept the  trial  of  issues  of  fact  requiring  a  jury. 

Sec.  28.  A  Solicitor  shall  be  elected  for  each  judicial  dis- 
trict by  the  qualified  voters  thereof,  as  is  prescribed  for  mem- 
bers of  the  General  Assembly,  who  shall  proseeute  on  behalf 
of  the  State,  in  all  crkainal  actions  in  the  Superior  Courts,, 
and  advise  the  officers  of  justice  in  his  district. 

Sec  29.  In  each  county  a  Sheriff  and  Coroner;  shall  be 
elected  by  the  qualified  voters  of  the  county,  as  is  prescribed' 
for  members  of  the  General  Assembly,  and  shall  hold  their 
offices  for  two  years.  In  each  township  there  shall  be  a  Con- 
stable, elected  in  like  manner  by  the  voters  thereof,  who  shall 
hold  his  office  for  two  years. 

Sec.  30.  All  vacancies  occurring  in  the  offices  provided  for 
by  this  article  of  this  Constitution,  shall  be  filled  by  the  appoint- 
ment of  the  Governor,  and  the  appointees  shall  hold-  their 
places  until  the  next  regular  election. 

Sec.  31.  The  officers  elected  at  the  first  election  held  under 
this  Constitution,  shall  hold  their  offices  for  the  terms  pre- 
scribed for  them  respectively,  next  ensuing  after  the  next 
regular  election  for  members  of  the  General  Assembly.  But 
their  terms  shall  begin  upon  the  approval  of  this  Constitu- 
tion by  the  Congress  of  the  United  States. 

On  the  second  reading  section  first  was  adopted,  yeas  Y3',, 
nays  29. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Benbow,  Blume,  Bryan,,, 
Carey,  Carter,  Candler,  Chillson,  Colgrove,  Cox,  Dickey, 
D-uckworth,   Eppes,   Fisher,    Forkner,  Franklin,.  French,  oi 


1868.]  CONTENTION  JOURNAL.  265= 

Bladen,  Fallings,  Galloway,  Garland,  George,  Glover,  Gra- 
ham of  Montgomery ,  Gun ter,  Harris  of  Franklin,  Hay,  Hayes 
of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs, 
Hoffler,  Hood,  Hyman,  Ing,  Kinney,  Lee,  Legg  Logan,  Long, 
May,  Mayo,  McDonald  of  Chatham-,  Morton,  Mullican,  Mur- 
phy, Nance,  Patrick,  Parks,  Petree,  Petersbn,  Pierson,  Rag*- 
land,  Ray,  Renfrow,  Rich,  Robbins,  Rodman,  Smith,  Stilly,. 
Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker y 
Turner  Watts,  Welker,  and  Williams  of  Wake — 73. 

Those  who  voted  in  the  negative  are : 

Messrs.  Aydlott,  Baker,  Bradley,  Cherry,  Daniel,  Dowd, 
Durham,  Ellis,  Etheridge,  Graham  of  Orange,  Hodnett,  Hol- 
lowell,  Holt,  Jones  of  Caldwell,  Jones  of  Washington,  King- 
of  Lincoln,  Xing  of  Lenoir,  Lennon,  Marler,  McCubbins,, 
Merrit,  McDonald  of  Moore,  Nicholson,  Parker,  Read,  Rhodes,, 
Rose,  Sanderlin,  and  Williams  of  Sampson — 29. 

Sections  second  and  third  were  read  and  adopted. 

Section  fourth  was  read  and  adopted  by  the  following  vote-,, 
yeas  66,  nays  IT  : 

Those  who  voted  in  the  affirmative  are " 

Messrs.  Abbott,  Andrews,  Ashley,  Blume,  Bryan,  Carter, 
Candler,  Chilson,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher,, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Chowan,, 
Fullings,  Galloway,  Garland,  Glover,  Graham  of  Montgom- 
ery, Gunter,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Highsmith,  Hoffler,  Hood,  Hyman,  Ing, 
Lee,  Logan,  Long,  Mann,  McDonald  of  Chatham,  McDonald 
of  Moore,  Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks, 
Peterson,  Pierson,  Ragland  Renfrow,  Rich,  Robbins,  Rod- 
man, Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee„ 
Trogden,  Tucker-,  Turner,  Watts,  Welker,  Williams  of 
Wake  and  Williamson — 66. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Etheridge,  George,  Graham  of  Orange,, 
Hollowell,  Holt,  Jones  of  Caldwell,  King  of  Lenoir,  Kinney, 
Lennon,  Marler,  McCubbins,  Merritt,  Rhodes,  Rose,  Sander- 
lin,   and  Williams  of  Sampson — IX. 

Section  eighth  was.  re.ajd; 


%Q6  CONTENTION  JOURNAL.  [Session 

Mr.  Durham  moved  to  amend  by  striking  out  "  four  "  and 
inserting   "  two." 

The  amendment  was  adopted,  yeas  82,  nays  14 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Aydlott,  Baker,  Blume,  Bradley,  Bryan,  Carey, 
Carter,  Candler,  Chillson,  Colgrove,  Cox,  Daniel,  Dickey, 
Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge,  Fork- 
ner,  George,  Glover,  Graham  of  Montgomery,  Graham  of 
Orange,  Gunter,  Harris  of  Franklin,  Hay,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hodnett,  lioffler,  Iiollowell,  Hy- 
man,  Ing,  Jones  of  Caldwell,  Jones  of  "Washington,  King  of 
Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Legg  Lennon,  Long, 
May, Mayo,  Marler,  McCubbins,  Merrit,  McDonald  of  Chatham, 
McDonald  of  Moore,  Moore,  Morton,  Mulliean,  Nance,  New- 
born, Nicholson,  Patrick,  Parker,  Parks,  Petree,  Pierson,  Pe- 
terson, Ray,  Read,  Renfrow,  Rhodes,  Rose,  Sanderlin,  Smith, 
Stilley,  Stilwell,  Taylor,  Teague,  Trogden,  Tueker,  Turner, 
Watts,  Williams  of  Sampson,  and  Williams  of  Wake — 82. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  French  of  Bladen, 
French  of  Chowan,  Fullings,  Garland,  Hayes,  of  Robeson, 
Mann,  Murphy,  Rich,  Robbins,  Sweet  and  Williamson — 14. 

The  section  as  amended  was  adopted. 

Section  twelfth  was  read  and  discussed. 

Mr.  C.  C.  Jones  in  the  Chair. 

Mr.  Cowles  moved  to  amend  by  striking  out  "  twelve  "  and 
insert  "  ten  " ;  also  strike  out  "  for  two  weeks  "  and  all  after 
that  and  in  insert  "  as  may  be  provided  by  act  of  Assembly." 

After  considerable  discussion,  Mr.  Rodman  called  the  pre- 
vious question  which  call  was  sustained. 

The  amendment  of  Mr.  Cowles  was  divided. 

To  strike  out  "  twelve  "  and  insert  "ten"  was  put  to  the 
House. 

The  yeas  and  na}rs  were  demanded,  resulting  yeas  43,  and 
nays  57. 

The  amendment  was  lost. 

The  second  portion  of  Mr.  Cowles'  amendment,  viz :  to 
strike  out  "  for  two  weeks  "  and  all  after  that,  and  insert  "  as 


1868.]  CONVENTION  JOURNAL.  267 

may  be  provided  by  act  of  Assembly,"  was  put  to  the  House 
and  lost. 

Section  twelfth  as  read  was  adopted. 

Mr.  Graham,  of  Orange  entered  his  vote  in  the  negative  on 
the  substitute  of  Mr.  Jones,  of  Washington,  to  section  second 
of  the  report  of  the  committee  on  suffrage. 

Section  twenty-seventh  was  read. 

Mr.  Heaton  moved  to  amend  by  striking  out  after  the 
word  "  elected  "  in  the  second  line  "  the  qualified  voters  of 
the  State,"  and  insert  "joint  Convention  of  the  General  As- 
semblv." 

The  amendment  was  lost,  yeas  38,  nays  51. 

The  original  section  as  read  was  then  adopted. 

On  motion  the  House  adjourned. 


WEDNESDAY,  Februaky  26th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

The  President  announced  a  quorum. 

The  Journal  of  Tuesday  was  read  and  approved. 

Mr.  Jones,  of  Washington,  arose  to  a  question  of  privilege, 
in  relation  to  a  misrepresentation  of  the  oath  in  his  substitute 
offered  for  section  2d,  of  the  Bill  of  Suffrage  in  the  Sentinel 
of  this  days  issue. 

Mr.  Ashley  arose  to  a  question  of  privilege  in  relation  to 
some  reported  remarks  of  Mr.  Durham,  as  reported  in  the 
Sentinel. 

On  motion  the  matter  was  referred  to  a  Committee  of  five, 

Mr.  Abbott  arose  to  a  question  of  privilege  in  relation  to 
some  remarks  in  the  Sentinel,  of  that  day's  issue. 

The  report  of  the  Committee  on  the  Judicial  Department 
was  taken  up. 

Mr.  Watts  moved  to  reconsider  the  vote  on  section  8th,  as 
amended  and  passed  Tuesday. 

Mr.  King,  of  Lenoir,  moved  to  lay  the  motion  on  the  table. 


268  CONTENTION  JOURNAL.  [Session 

The  motion  prevailed,  yeas  60,  nays  48  : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Aydlott,  Baker,  Benbow,  Blume,  Bradley,  Bryan, 
Ohillson,  Cox,  Dowd,  Duckworth,  Durham,  Ellis,  Etheridge, 
Franklin,  Garland,  George,  Glover,  Graham  of  Orange,  Grant 
of  Northampton,  Gunter,  Hay,  Heaton,  Hobbs,  Hodnett, 
Hollo  well,  Holt,  Jones  of  Washington,  King  of  Lincoln,  King 
of  Lenoir,  Kinney,  Legg,  Lennon,  Logan,  Long,  Marler, 
McCubbins,  Merritt,  McDonald  of  Chatham,  McDonald  of 
Moore,  Moore,  Mortin,  Mullican,  Nance,  Newsom,  Nicholson, 
Patrick,  Parker,  Parks,  Petree,  Peterson,  Pay,  Read,  Rhodes, 
Rose,  Sanderlin,  Stilly,  Taylor,  Teague,  Turner  and  Williams 
of  Sampson — 60. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Carey,  Carter,  Cherry, 
Colgrove,  Daniel,  Dickey,  Eppes,  Eisher,  Forkner,  French  of 
Bladen,  French  of  Rockingham,  French  of  Chowan,  Fullings, 
Galloway,  Graham  of  Montgomery,  Gully,  Harris  of  Wake, 
Harris  of  Franklin,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Highsmith,  Homer,  Hood,  Hyman,  Ing,  Jones  of  Caldwell, 
Lee,  May,  Mayo,  Murphy,  Pierson,  Ragland,  Renfrow,  Rich, 
Robbins,'  Rodman,  Smith,  Stilwell,  Sweet,  Tourgee,  Trogden, 
Watts,  Welker  and  Williamson — 48. 

Mr.  Abbott  gave  notice  that  on  the  third  reading,  he  would 
introduce  an  amendment  to  section  8th. 

Mr.  Galloway  introduced  a  resolution  in  relation  to  order- 
ing an  election  in  Wilmington. 

Referred  to  the  Committee  to  consult  with  General  Canby. 

On  motion  of  Mr.  Durham,  the  Hall  was  tendered  to  the 
Republican  Convention  for  this  evening. 

On  motion  the  House  adjourned. 


THURSDAY,  February  27th-,  1868. 
The  Convention  was  called  to  order  at   10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Pepper, 


1868.]  CONTENTION  JOURNAL.  269 

The  President  announced  a  quorum. 
The  Journal  of  Wednesday  was  read  and  approved. 
On  motion,  the  Convention  adjourned  until  Friday   at  10 
o'clock,  A.  M. 


FRIDAY,  February  28th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  "Warwick. 

The  Journal  of  Thursday  was  read  and  approved. 

The  Chair  announced  a  quorum. 

Leave  of  absence  was  granted  : 

Mr.  Patrick  until  Monday  next. 

Mr.  Franklin,  until  Tuesday  next. 

Mr.  Trogden,  until  Tuesday  next. 

The  Committee  on  Internal  Improvements  asked  and  ob- 
tained leave  to  sit  during  the  session  of  the  Convention. 

Mr.  Hobbs  presented  a  memorial  for  relief,  from  the  citizens 
of  Davidson. 

Referred  to  the  Committee  on  Relief. 

Mr.  Ellis  introduced  an  ordinance  in  relation  to  the  mail 
matter  of  the  Convention. 

Lies  over  under  the  rule. 

Mr.  Andrews  introduced  a  resolution  in  favor  of  Solom  on 
Bragg. 

Referred  to  the  Committee  on  Contingent  Expenses. 

UNFINISHED  BUSINESS. 

The  resolution  of  Mr.  King,  of  Lenoir,  concerning  widows 
who  have  qualified  as  Executrix  to  the  last  will  and  testament 
of  their  deceased  husbands,  was  taken  up  and, 

Referred  to  the  Committee  on  the  Judicial  Department. 

The  following  ordinance  presented  by  Mr.  Andrews,  was 
taken  up : 

Section  1.  Be  it  ordained  by  the  delegates  of  the  people  of 


270  CONVENTION  JOURNAL.  [Session 

the  State  of  North- Carolina  in  Convention  assembled,  and  it 
is  hereby  ordained  by  the  authority  of  the  same,  That  the 
State  tax  to  be  collected  from  Theatrical  Companies,  shall  be 
five  dollars  per  night  on  each  exhibition,  or  fifty  dollars  tor  a 
season  of  three  months,  and  on  Concerts  three  dollars  per 
night,  or  thirty  dollars  for  a  season  of  three  months. 

Sec.  2.  Be  it  further  ordained,  That  all  laws,  or  clauses  of 
laws,  coming  in  conflict  with  the  provisions  of  this  ordinance 
are  hereby  repealed,  and  that  this  ordinance  shall  go  into 
effect  from  and  after  its  passage,  subject  to  amendment  or 
repeal  by  the  Legislature. 

Mr.  Colgrove  moved  to  lay  the  ordinance  on  the  table. 

The  motion  was  not  sustained. 

After  some  discussion  the  previous  question  was  called. 

The  call  was  sustained. 

The  yeas  and  nays  were  demanded,  yeas  61,  nays  38  : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Andrews,  Benbow.  Blume,  Carey,  Carter, 
Candler,  Chilison,  Dickey,  Duckworth,"  Eppes,  Fisher,  Fork- 
ner,  French  of  Bladen,  French  of  Eockingham,  French  of 
Chowan,  Galloway,  Garland,  Garrett,  Glover,  Graham  of 
Montgomery,  Gully,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hyman,  Ing,  Jones  of  Washington,  Kinney,  Lee, 
Legg,  Logan,  Long,  Mann,  May,  Mayo,  McDonald  of  Chat- 
ham, McDonald  of  Moore,  Morton,  Murphy,  Parks,  Petree, 
Pierson,  Ragland,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Smith,  Sweet,  Taylor,  Teague,  Watts  and  William- 
son— Gl. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Aydlott,  Barnes,  Bradley,  Bryan,  Colgrove,  Congle- 
ton,  Daniel,  Ellis,  Etheridge,  Fullings,  George,  Grant  of 
Northampton,  Gunter,  Hodnett,  Homer,  Hoilowell,  Jones  of 
Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Lennon,  Marler, 
McCubbins,  Merritt,  Moore,  Mullican,  Newsom,  Nicholson, 
Parker,  Peterson,  Ray,  Sanderlin,  Stilly,  Stilwell,  Trogden, 
Tucker,  Turner,  Welker  and  Williams  of  Sampson — 38. 

The  ordinance  was  adopted. 


1868.]  CONVENTION  JOURNAL.  271 

The  hour  of  eleven  having  arrived,  the  report  of  the  Com- 
mittee on  the  Judicial  Department,  was  taken  up. 

Section  5th  was  read  and  adopted. 

Section  6th  was  amended  by  striking  out "  Representatives," 
and  insert  "  Commons." 

The  section,  as  amended,  was  adopted. 

Sections  7th,  9th,  10th  and  11th  were  read  and  adopted. 

Section  13th  was  amended  by  striking  out  "  Union,"  in  the 
ninth  District,  and  inserting  "  Catawba." 

The  section,  as  amended,  was  adopted. 

Sections  14th,  15th,  16th,  17th,  18th,  19th,  20th,  21st,  22d, 
23d,  24th  and  25th,  were  read  and  adopted. 

Section  27th  was  read  and  amended  by  inserting  the  word 
"  all  "  in  second  line,  between  "  of"  and  "  business." 

The  section,  as  amended,  was  adopted. 

Section  28th  was  read. 

Mr.  French,  of  Bladen,  moved  to  amend  by  inserting  alter 
the  word  "  shall "  on  line  third,  "  hold  office  for  the  term  of 
four  years  and." 

The  amendment  was  ado*pted. 

The  section,  as  amended,  was  adopted. 

Section  29th  was  read. 

Mr.  Rodman,  moved  to  amend  by  adding  to  the  section, 
"  when  there  is  no  coroner  in  a  County,  the  Clerk  of  the 
Superior  Court  for  the  County  may  appoint  one  for  special 
eases." 

The  amendment  was  adopted. 

The  section,  as  amended,  was  adopted. 

Section  30th  was  read. 

Mr.  Rodman  moved  to  amend  by  adding  after  the  word 
"  Governor,"  on  the  third  line,  "  unless  otherwise  provided 
for." 

The  amendment  was  sustained. 

The  section,  as  amended,  was  adopted. 

On  motion  of  Mr.  Tourgee,  the  vote  by  which  section  24th 
was  adopted,  was  reconsidered. 

Mr.  Tourgee  moved  to  amend  the  section  by  inserting  after 


m  CONVENTION  JOURNAL.  [Session 

the  word  "  Constitution,"  on   the  second  line,  the  words,  "  or 
the  Constitution,  or  laws  of  the  United  States." 

Mr.  Graham,  of  Orange,  moved  to  amend  the  amendment 
of  Mr.  Tourgee  so  as  to  read,  "  or  the  Constitution  of  the 
United  States,  and  laws  made  in  pursuance  thereof," 

The  amendment  of  Mr.  Graham  was  put  to  the  House  and 
lost. 

The  amendment  of  Mr.  Tourgee  was  sustained. 

The  section,  as  amended,  was  adopted. 

On  motion  of  Mr.  Heaton,  the  vote  on  the  adoption  of  sec- 
tion 26th,  was  reconsidered. 

Mr.  Heaton  moved  to  amend  the  section,  by  striking  out 
"  sixteen,"  on  line  fourth,  and  inserting  "  eight." 

Mr.  Congleton  moved  to  amend  by  striking  out  "  sixteen," 
and  inserting  "  six." 

The  motion  was  not  sustained. 

Mr.  Tourgee  moved  to  amend  the  amendment  of  Mr.  Hea- 
ton, by  striking  out  "  eight,"  and  inserting  "  twelve." 

Upon  this  amendment,  the  yeas  and  nays  were  called. 

Which  resulted  yeas  45,  nays  54  : 

Those  who  voted  in  affirmative,  are  : 

Messrs.  Ashley,  Bryan,  Cowles,  Cherry,  Cox,  Dowd,  Duck- 
worth, Eppes,  Ethridge,  Fisher,  French  of  Bladen,  Galloway, 
Grant  of  Northampton,  Gully,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Hayes  of  Haliiax,  Heaton,  Highsmith, 
Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lincoln,  King  of  Lenoir,  Lee,  Legg, 
Logan,  Mann,  McDonald  of  Moore,  Parker,  Pierson,  Read, 
Rhodes,  Rich,  Rodman,  Rose,  Sweet,  Teague,  Tourgee  and 
Welker— 45. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Andrews,  Barnes,  Benbow,  Blume,  Bradley,  Carey, 
Carter,  Chillson,  Colgrove  Congleton,  Daniel,  Dickey,  Fork- 
ner,  French  of  Rockingham,  French  of  Chowan,  Fullings, 
Garland,  George,  Graham  of  Montgomery,  Gunter,  Hobbs, 
Hodnett,  Homer,  Kinney,  Long,  May,  Mayo,  Marler,  Mc- 
Cubbins,  Merritt,  McDonald  of  Chatham,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom,  Parks,  Petree,  Peterson, 


TS68.]  CONVENTION  JOURNAL. 

Ragland,  Ray,   Renfrew,  Bobbins,   Smith,   Stilly,   Stilwell, 
Taylor,  Trogclen,  Tucker,  Turner  and  Watts — 51. 

The  amendment  was  not  sustained. 

The  question  recurred  to  the  amendment  of  Mr,  Heaton, 

The  yeas  and  nays  were  called, 

Which  resulted  yeas  63,  nays  33  ''. 

Those  who  voted  in  the  affirmative,  are, 

Messrs.  Andrews,  Barnes,  Benbow,  Blume,  Bradley,  Bryan, 
Oarey,  Carter,  Chillson,  Colgrove,  Congleton,  Dickey,  Duck- 
worth, Forkner,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Garland,  Graham  of  Montgom- 
ery, Grant  of  Northampton,  Gunter,  Heaton,  Highsmith, 
Hobbs,  Hodnett,  Hoffler,  Ing,  Kinney,  Logan,  Long,  May, 
Mayo,  Marler,  McCubbins,  McDonald  of  Chatham,  McDonald 
■of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  New- 
som,  Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pierson, 
Ragland,  Ray,  Rhodes,  Robbins,  Rose,  Smith,  Stilly,  Stilwell, 
Sweet,  Taylor,  Teague,  Trogclen,  Tucker  and  Turner — 63. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Abbott,  Ashley,  Baker,  Cowles,  Cherry,  Cox,  Daniel, 
Dowd,  Eppes,  Etheridge,  Fisher,  Galloway,  George,  Gully, 
Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Hollowell,  Hood,  Hyman,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lincoln,  King  of  Lenoir,  Legg,  Mann, 
Read,  Renfrow,  Rich,  Rodman,  Tourgee  and  Welker — 33. 

The  amendment  was  sustained. 

Mr.  King,  of  Lincoln,  introduced  the  following  as  a  new 
section,  to  follow  section  26th,  as  section  27th  : 

"Any  Justice  of  the  Supreme  Court,  or  Judge  of  the  Supe- 
rior Courts,  may  be  removed  from  office  for  mental  or  physi- 
cal disability,  upon  a  concurrent  resolution  of  a  majority  of 
both  Houses  of  the  General  Assembly.  The  Justice  against 
whom  the  General  Assembly  may  be  about  to  proceed,  shall 
receive  notice  thereof  accompanied  by  a  copy  of  the  causes 
alleged  for  his  removal,  at  least  twenty  days  before  the  day 
on  whicli  either  branch  of  the  General  Assembly  shall  act 
thereon." 

The  section  was  not  adopted, 
18 


274  CONTENTION  JOURNAL.  [Session 

Mr.  Heaton  moved  to  amend  section  26th,  by  striking  out 
"  twelve,"  on  line  sixth,  and  insert  "  six." 

Mr.  Abbott  was  called  to  the  Chair. 

Mr.  Hood  moved  to  amend  the  amendment  of  Mr.  Heaton 
by  striking  ont  "  six"  and  insert  "  eight." 

The  amendment  prevailed. 

Mr.  Tourgee  moved  to  amend  section  26th,  by  striking  out 
all  after  the  word  "  years,"  on  sixth  line. 

The  amendment  was  withdrawn  by  Mr.  Tourgee,  who 
offered  to  amend  as  follows : 

Strike  out  "  eight "  on  eleventh  line,  and  insert  "  six."  On 
twelfth  line  strike  out  "  twelve,"  and  insert  "  eight." 

The  amendment  was  sustained. 

Mr.  Hood  moved  to  amend  by  striking  out  "  three  "  on  tenth 
line,  and  inserting  "  two,"  also  strike  out  all  after  the  word 
"  years,"  where  it  occurs  last  in  the  eleventh  line. 

Mr.  Hood  withdrew  his  amendment. 

Mr.  Cowles  offered  to  amend  by  striking  out  "  three  "  in 
tenth  line,  and  insert  "  four."  On  eleventh  line  strike  out 
"  four  and  eight,"  and  on  twelfth  line  strike  out  "  twelve," 
and  in  lieu  of  these  words,  insert  "  two,  four,  six  and  eight 
years." 

The  amendment  did  not  prevail. 

The  section,  as  amended,  was  adopted. 

Leave  of  absence  \*  as  granted  Messrs.  Renfrow  and  Moore. 

On  motion  the  House  adjourned. 


AFTERNOON  SESSION,  February  28th,  1868. 
The  Convention  was  called  to  order  at  7|-  o'clock,  by  the 
President. 

The  President  announced  a  quorum. 

The  Chair  announced  the  following  Committee  on  Privilege: 
Messrs.  Daniel,  Nicholson,  Rich,  Ellis  and  Forkner. 
'  On  motion,  the  report  of  the  Committee  on  the  Legislature, 
its  organization,  &c,  was  taken  up  and  put  on  its  third  and 
final  reading  and  passage. 


1868.]  CONVENTION  JOURNAL.  275 

Sections  1st,  2d  and  3d  were  read  and  adopted. 

Section  4th  was  read. 

On  motion  of  Mr.  Sweet,  the  County  of  Tyrrell  was  trans- 
ferred from  the  third  to  the  second  District. 

Mr.  Merritt  moved  a  division  of  the  twenty-first  District. 

The  motion  was  not  sustained. 

Sections  4th,  5th,  6th,  7th  and  8th,  were  read  and  adopted. 

Section  9th  was  read. 

Mr.  Hay  offered  the  following  amendment : 

Add  to  the  section,  "  and  shall  be  possessed  of  a  freehold  in 
the  District  of  the  value  of  five  hundred  dollars." 

The  amendment  was  lost. 

The  section,  as  read,  was  adopted. 

Section  10th  was  read. 

Mr.  Colgrove  moved  the  following  as  a  substitute: 

"  Each  member  of  the  House  of  Representatives  shall  be  a 
qualified  elector  of  the  State  and  shall  have  resided  in  the 
County  in  which  he  is  chosen  for  one  year  immediately  pre- 
ceeding  his  election." 

The  substitute  was,  on  motion,  adopted. 

Sections  11th,  12th,  13th,  14th,  15th,  16th,  17th,  18th,  19th, 
20th,  21st,  22d,  23d,  24th,  25th,  26th  and  27th,  were  read  and 
adopted. 

Section  28th  was  read. 

On  motion  of  Mr.  Abbott,  it  was  ordered  that  whenever  the 
word  "  Commons  "  occurred  in  the  entire  report,  that  it  be 
stricken  out,  and  the  word  "  Representatives,"  inserted. 

Mr.  Sweet  offered  the  following  as  a  substitute  for  section 
28th : 

"  The  terms  of  office  for  Senators  and  members  of  the  House 
of  Eepresentatives,  shall  commence  at  the  time  of  their  elec- 
tion, and  the  terms  of  office  of  those  elected  at  the  first  election, 
held  under  this  Constitution,  shall  terminate  at  the  same  time 
as  if  they  had  been  elected  at  the  first  ensuing  regular  elec- 
tion." 

The  substitute  was,  on  motion,  adopted. 

Mr.  McDonald,  of  Chatham,  offered  the  following  as  a  separ- 
ate section : 


2T6  CONTENTION  JOURNAL.  [Session 

"No  member  of  the  Senate  or  House  of  Representatives, 
shall  be  eligible  to  any  office  within  the  gift  of  the  General 
Assembly,  during  the  time  tor  which  he  may  be  elected." 

The  section  did  not  prevail. 

Section  29th  was  read  and  adopted. 

Section  30th  was  read. 

Mr.  Sweet  moved  to  amend  by  striking  out  on  the  first  and 
second  lines,  the  words,  "  To  the  Senate  and  House  of  Repre- 
sentatives." 

The  amendment  was  adopted. 

Mr.  Tourgee  moved  to  amend  by  striking  out  "  thirtieth," 
and  insert  "  fifteenth."  Strike  out  "  adoption,"  and  insert 
"  ratification." 

The  section,  as  amended,  was  adopted. 

The  entire  report  was  adopted  by  the  following  vote,  yeas 
69,  nays  4 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Benbow, 
Blume,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Dickey,  Dowd,  Duckworth,  Fisher,  Forkner, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chowan, 
Fullings,  Galloway,  Garland,  George,  Graham  of  Montgom- 
ery, Gunter,  Hay,  Hayes  of  Holifax,  Heaton,  Highsmith, 
Hobbs,  Hyman,  Jones  of  Caldwell,  King  of  Lenoir,  Kinney, 
Legg,  Long,  Mann,  Mayo,  McDonald  of  Chatham,  McDonald 
of  Moore,  Morton,  Mulli can,  Murphy,  Nance,  Newsom,  Nich- 
olson, Parker,  Parks,  Petree,  Peterson,  Ray,  Renfrow,  Rich, 
Bobbins,  Smith,  Stilwell,  Sweet,  Teague,  Tourgee,  Tucker, 
Turner,  Watts,  Welker  and  Williamson — 69. 

Those  who  voted  in  the  negative  are : 

Messrs.  Ellis,  Hodnett,  Lennon  and  Marler — i. 
Leave  of  absence  was  granted  Messrs.  Lennon  and  King  oi 
Lenoir. 

On  motion,  the  House  adjourned. 


1868.]  CONVENTION  JOURNAL.  277 

SATURDAY,  Februaky,  29th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock  by  the 
President. 

Prayer  by  the  Kev.  S.  S.  Ashley. 

The  President  anounced  a  quorum. 

The  Journal  of  Friday  was  read  and  approved. 

A  communication  was  received  from  the  Republican  Con- 
vention assembled  at  Ealeigh  on  the  26th  instant. 

The  communication  was, 

On  motion,  laid  on  the  table. 

Mr.  McDonald,  of  Chatham  presented  a  memorial  from  the 
citizens  of  Chatham. 

Referred  to  the  Committee  on  Internal  Improvements. 

The  report  of  the  Committee  on  the  organization  of  the  Ju- 
dicial Department  was  received  and  ordered  to  be  printed. 

On  motion  of  Mr.  Rodman  the  vote  on  section  29th  of  the 
report  of  the  Committee  on  the  Judicial  Department  was  re- 
considered. 

Mr.  Rodman  moved  to  amend  by  adding  to  that  section  as 
amended  Februarv  28th  the  followino;  words : 

"  In  case  of  a  vacancy  existing  from  any  cause  in  any  of 
the  offices  created  by  this  section,  the  Commissioners  for  the 
County  may  appoint  to  such  office  for  the  unexpired  term." 

The  amendment  was  ordered  to  be  printed  with  the  report 
of  the  Committee  on  the  Judicial  Department,  its  organiza- 
tion, etc. 

On  motion,  the  following  majority  report  of  the  Committee 
on  Homesteads  was  taken  up,  and  'placed  upon  its  second 
reading : 

MAJORITY    REPORT    OF    THE    COMMITTEE    ON 

HOMESTEADS. 

The  Committee  appointed  to  report  on  a  Homestead  re- 
spectfully report  the  following  Article,  to  wit : 

Section  1.  The  personal  property  of  any  resident  of  this 
State  to  the  value  of  three  hundred  dollars,  to  be  selected  by 


278  CONVENTION  JOURNAL.  [Session 

such  resident,  shall  be  exempted  from  sale  or  execution  or 
other  final  process,  of  any  court,  issued  for  the  collection  of 
any  debt  contracted  after  the  adoption  of  this  Constitution. 

Sec.  2.  Every  homestead  not  exceeding  one  hundred  acres 
of  land,  and  the  dwelling  and  buildings  used  therewith,  not 
exceeding  in  value  one  thousand  dollars,  to  be  selected  by  the 
owner  thereof,  or  in  lieu  thereof,  at  the  option  of  the  owner, 
any  lot  in  a  city,  town  or  village,  with  the  dwelling  and 
buildings  used  thereon,  owned  and  occupied  by  any  resident 
of  this  State,  and  not  exceeding  the  value  of  one  thousand 
dollars,  shall  be  exempt  from  sale  or  execution  or  any  final 
process,  obtained  on  any  debt  contracted  from  and  after  the 
the  adoption  of  this  Constitution  ;  such  exemption,  however, 
shall  not  extend  to  any  mortgage  lawfully  obtained ;  but  no 
such  mortgage  or  deed  in  the  nature  thereof,  made  by  the 
owner  of  the  homestead,  if  a  married  man,  and  no  deed  of 
conveyance  by  him  shall  be  valid,  without  the  voluntary  sig- 
nature and  assent  of  his  wife,  signified  on  her  private  exami- 
nation before  a  judge  of  some  court  of  this  State. 

Sec.  3.  The  homestead  of  a  family  after  the  death  of  the 
owner  thereof  shall  be  exempt  from  the  payment  of  any  debt 
contracted  by  him  after  the  adoption  of  this  Coustitution,  du- 
ring the  minority  of  his  children,  or  any  one  of  them. 

Sec  4.  The  provisions  of  sections  one  and  two  of  this  ar- 
ticle, shall  not  be  so  construed  as  to  prevent  a  laborer's  lien 
for  work  done  and  performed  for  the  person  claiming  such 
exemption,  or  a  mechanic  for  work  done  on  the  premises. 

Sec  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow 
but  no  children,  the  same  shall  be  exempt  from  the  debts  of 
her  husband,  and  the  rents  and  profits  thereof  shall  inure  to 
her  benefit  for  her  life. 

Sec  6.  The  real  and  personal  property  of  any  female  in 
this  State,  acquired  before  marriage,  and  all  property  real 
and  personal,  to  which  she  may,  after  marriage,  become  in 
any  manner  entitled,  after  the  adoption  of  this  Constitution, 
shall  be  and  remain  the  sole  and  separate  estate  and  property 
of  such  female,  and  shall  not  be  liable  for  any  debts,  obliga- 


1868.]  CONTENTION  JOURNAL.  279 

tions  or  engagements  of  her  husband,  and  may  be  conveyed, 
■devised,  or  bequeathed  by  her,  as  if  she  were  a  femme  sole. 

0.  C.  JONES,  Chairman. 

JOHN  H.  RENFROW, 

sween  m.  s.  Mcdonald, 

ISAAC  KINNEY, 
HENRY  BARNES, 
J.  L.  NANCE, 
P.  HODNETT, 
HENRY  EPPES. 

■Section  first  was  read. 

Mr.  Rich  moved  to  strike  out  "  three  "  on  second  line  and 
insert  "  five." 

The  amendment  was  sustained. 

Mr.  Tourgee  moved  to  strike  out  all  after  the  word  "  debt " 
in  the  fifth  line. 

After  considerable  discussion  the  amendment  was  adopted 
by  the  following  vote,  yeas  51,  nays  40  : 

Those  who  voted  in  the  affirmative,  are: 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Blume, 
Bryan,  Carey,  Carter,  Chillson,  Congleton,  Dickey,  Ethe- 
ridge,  Fisher,  French  of  Chowan,  George,  Graham  of  Mont- 
gomery, Gully,  Gunter,  Hayes  of  Robeson,  Hood,  Hyman, 
Kinney,  Lee,  Legg,  Long,  Mann,  May,  Mayo,  Marler,  Merritt, 
McDonald  of  Chatham,  McDonald  of  Moore,  Morton,  Mur- 
phy, Nance,  Parks,  Peterson,  Ragland,  Ray,  Read,  Rich, 
Robbins,  Rodman,  Smith,  Stilwell,  Taylor,  Tourgee,  Turner, 
Watts,  Welker,  and  Williamson — 51. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Barnes,  Benbow,  Bradley,  Candler,  Colgrove,  Cox, 
Duckworth,  Ellis,  Eppes,  Forkner,  French  of  Rockingham, 
Fullings,  Gahagan,  Garland,  Glover,  Graham  of  Orange, 
Grant  of  Northampton,  Harris  of  Franklin,  Hayes  of  Hali- 
fax, Heaton,  Highsmith,  Hodnett,  Hollowell,  Ing,  Jones  of 
Caldwell,  King  of  Lincoln,  Logan,  Marler,  McCubbins,  Nich- 
olson, Parker,  Petree,  Pierson,  Rhodes,  Rose,  Sanderlin,  Stil- 
ly, Sweety  Teague,  and  Tucker — 4Q. 


280  CONVENTION  JOURNAL.  [Session' 

The  section  as  amended  was  adopted. 

Section  second  was  read, 

Mr.  Hood  moved  to  strike  out  all  after  the  word  "debt "  in 
the  ninth  line. 

The  amendment  was  divided,  so  as  to  strike  out  all  after 
the  word  "  debt "  in  the  ninth  line  to  the  end  of  the  tenth 
line,  which 

On  motion,  was  adopted, 

The  balance  of  the  amendment,  viz  r  to  strike  out  all  after 
the  word  "  Constitution"  in  the  tenth  line,  was  adopted. 

Mr.  Tourgee  moved  to  amend  by  inserting  after  the  word 
"  debt  "  the  following  : 

"  Provided,  That  no   sale  or  mortgage  of  the  Homestead 
shall  be  of  any  legal  force,  in  case  the  owner  of  the  homestead 
is  in  debt  to  the  amount  of  one  third  the  value  of  the  home- 
stead, unless  by  the  consent  of  his  wife  signified  on  her  private 
examination  before  a  Clerk  of  a  Superior  Court  of  the  State." 

Mr.  Hood  moved  the  following  substitute  for  the  amend- 
ment of  Mr.  Tourgee  r 

"■  Provided,  That  the  homestead  may  be  exchanged  for  other' 
property  of  the  same  nature  by  the  owner  thereof,  with  the 
voluntary  consent  of  his  wife  signified  on  her  private  exami- 
nation before  a  Judge  of  some  circuit  of  this  State." 

The  substitute  of  Mr.  Hood  was  put  to  the  House  and! 
carried. 

On  motion  of  Mr..  Abbott,  the  report  of  the  Committee  on 
Finance  was  made  a  special  order  for  Wednesday  next. 

Mr.  Heaton  introduced  the  following  preamble  and  resolu- 
tion : 

Whereas,  It  i&  understood  that  some  of  the  Judges  of  the- 
Superior  Courts  of  this  State  are  rendering  and  are  about  to- 
render  judgment  in  cases  intended  to  be  exempted  by  the  or- 
dinance for  relief,  entitled  "  an  ordinance  respecting  the  ju- 
risdiction of  the  Courts  in  this  State ;"  therefore 

Pesolved,  That  the  President  of  this  Convention  is  hereby 
instructed  to  communicate  immediately  with  the  Command- 
ing General  of  this  Military  District   and  request  hinxta 


1868.]  CONVENTION  JOURNAL.  281 

issue  such  orders  as  will  insure  the  full  observance  of  said 
ordinance. 

On  motion,  the  rules  were  suspended,  and  the  resolution, 
was  adopted, 

On  motion,  the  House  adjourned. 


MONDAY,  Maech  2d,  1868, 

The  Convention  was  called  to  order  at  10  o'clock,  by  the- 
President. 

Prayer  by  the  Rev.  IT.  T.  Hudson. 

The  President  announced  a  quorum. 

The  Poll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Duckworth,  Ellis,  Eppes,  Ethe- 
ridge,  Fisher,  Forkner,  French  of  Chowan,  Galloway,  Graham 
of  Montgomery,  Gunter,  Harris  of  Wake,  Hayes  of  Robeson  „ 
Hayes  of  Halifax,  Highsmith,  Hodnett,  Hoffier,  Holt,. 
Hood,  flyman,  Jones  of  Caldwell,  King  of  Lincoln,  Kin- 
ney, Lee,  Logan,  Long,  Mann,  Mayo,  Merritt,  McDonald 
of  Moore,  Morton,  Mulliean,  Murphy,  Nance,  Newsom,  Nich- 
olson, Parks,  Petree,  Peterson,  Pierson,  Ray,  Bead,  Rhodes, 
Bobbins,  Rodman,  Rose,  Smith,  Still  well,  Sweet,  Taylor,, 
Teague,  Turner,  Watts,  Welker,  Williams  of  Sampson,  Wil- 
liams of  Wake,  and  Williamson — 72. 

The  Journal  of  Saturday  was  read  and  approved. 

A  communication  was  received  from  General  Canby. 

Referred  to  the  Committee  on  Privileges  and  Elections. 

Mr.  Abbott  moved  a  suspension  of  the  rules,  to  take  up 
the  ordinance  on  Immigration. 

The  motion  was  declared  out  of  order. 

Mr.  Abbott  appealed  from  the  decision  of  the  Chair. 

The  Chair  was  sustained  by  the  House  in  its  decision. 

Mr.  Abbott  moved  to  make  the  ordinance  a  special  order 
for  Tuesday  at  10.  o'clock.. 


282  CONTENTION  JOURNAL.  [Session 

The  President  declared  the  motion  out  of  order. 

Mr.  Andrews  presented  a  petition  of  Martha  Brown. 

Referred  to  the  Committee  on  Divorce. 

Mr.  Blume  presented  a  petition  of  divorce  of  one  L.  S.  P. 
Robeson. 

Referred  to  the  Committee  on  Divorce. 

Mr.  Rich  presented  a  resolution  in  relation  to  the  adjourn- 
ment of  this  Convention. 

Lies  over  under  the  rules. 

Mr.  Ileaton  introduced  a  resolution  as  a  substitute  for  that 
introduced  by  Mr.  Rich. 

Mr.  Heaton  called  for  a  suspension  of  the  rules- 
Declared  out  of  order. 

Lies  over  under  the  rules. 

Mr.  Rodman  introduced  a  resolution  concerning  divorces. 

Lies  over  under  the  rules. 

Mr.  Candler  introduced  a  resolution  tendering  the  thanks, 
of  this  body  to  the  Congress  of  the  United  States  for  the  im- 
peachment of  Andrew  Johnson. 

Lies  over  under  the  rules. 

Mr.  Harris,  of  Wake,  introduced  a  resolution  relating  to 
the  pay  of  Delegates  in  certain  cases. 

Also,  one  providing  for  a  daily  call  of  the  roll  of  delegates, 
&c,  both  of  which, 

Lies  over  under  the  rules. 

Mr.  Jones,  of  Caldwell,  introduced  a  resolution  providing 
for  an  earlier  daily  meeting  of  this  body. 

Lies  over  under  the  rules. 

On  motion  of  Mr.  Abbott,  the  ordinance  appointing  a 
Commissioner  of  Immigration  was  taken  up  and  discussed. 

Mr.  Candler  introduced  the  following  substitute  : 

Section  1.  Me  It  ordained  by  the.  people  of  J^orth- Carolina 
In  Convention  assembled,  That  the  Legislature  shall  have 
power  to  create  the  office  of  land  and  immigrant  commission- 
ers, and  establish  such  office  at  such  place  as  they  may  deem 
best  for  the  interest  of  North-Carolina,  and  shall  establish  the 
■salary  for  the  same,  and  the   Governor,   with  the  consent  of 


1868.]  CONTENTION  JOURNAL.  283 

both  branches  of  the  Legislature,  shall  have  power  to  fill  said 
office. 

On  motion  of  Mr.  Abbott,  the  subject  was  postponed  and 
made  a  special  order  for  Tuesday  at  10|  o'clock. 

The  resolution  of  Mr.  Heaton  regarding  the  adjournment 
of  this  Convention,  was  accepted  by  Mr.  Forkner,  as  an 
amendment  to  the  report  of  the  Committee  on  adjournment 
of  which  he  is  Chairman. 

Mr.  Rodman  offered  to  amend  by  adding  "  that  should  the 
Convention  not  adjourn  on  the  12th,  that  the  pay  of  the  mem- 
bers cease  on  that  day." 

Mr.  Candler  moved  the  following  substitute  : 

Resolved,  That  it  be  the  sense  of  this  Convention,  that  we 
adjourn  on  the  12th  instant,  but  should  it  be  the  sense  of  this 
Convention  on  the  12th,  that  it  was  impossible  to  complete 
and  finish  the  Constitution  by  the  12th,  then  this  Convention 
shall  have  power  to  reconsider  the  question  of  adjournment. 

The  substitute  was, 

On  motion,  adopted, 

The  report  of  the  majority  Committee  on  Homesteads  was 
taken  up. 

Mr.  Rich  moved  to  amend  section  2nd  by  striking  out  in 
lines  first  and  second,  the  following  words  :  "  not  to  exceed 
one  hundred  acres  of  land." 

The  amendment  was  adopted. 

Mr.  C.  C.  Jones  offered  to  amend  by  adding  after  the  word 
"  debt  "  on  the  ninth  line,  "but  no  property  shall  be  exempt 
from  sale  for  taxes  or  for  payment  of  obligations  contracted 
for  the  purchase  of  said  premises." 

The  amendment  was, 

On  motion,  adopted. 

Mr.  Graham,  of  Orange,  offered  the  following  substitute : 

The  General  Assembly  shall  provide  by  law  for  the  exemp- 
tion from  sale  under  execution  or  other  process  of  a  Home- 
stead in  land,  in  favor  of  any  head  of  a  family  who  may  be 
the  owner  thereof,  except  for  taxes. 

On  this  the  yeas  and  nays  were  demanded. 

The  substitute  did  not  prevail,  yeas  33,  nays  61. 


284  CONTENTION  JOURNAL.  [Session 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Baker,  Barnes,  Benbow,  Bradley,  Candler,  Duck- 
worth, Ellis,  Eppes,  Etheridge,  French  of  Rockingham,  Full- 
ings,  G-ahagan,  Garland,  Garrett,  Glover,  Graham  of  Orange, 
Hare,  Harris  of  Franklin,  Hayes  of  Halifax,  Hodnett,  Hollo- 
well,  Holt,  King  of  Lincoln,  Logan,  Marler,  McCubbins,  Mulli- 
can,  Rhodes,  Rose,  Sanderlin,  Teague,  Williams  of  Sampson, 
and  Williams  of  Wake — 33. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Blume,  Bryan, 
Carey,  Carter,  Chillson,  Colgrove,  Congleton,  Cox,  Fisher, 
Forkner,  Franklin,  French  of  Chowan,  Galloway,  George, 
Graham  of  Montgomery,  Grant  of  Northampton,  Gully,  Gun- 
ter,  Heaton,  Highsmith,  Homer,  Hood,  Hyman,  Ing,  Jones  of 
Caldwell,  Jones  of  Washington,  Kinney, Lee,  Long,  Mann,May, 
Mayo,  Merrit,  McDonald  of  Moore,  Morton,  Murphy,  Nance, 
Newsom,  Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pierson, 
Ray,  Rich,  Robbins,  Rodman,  Smith,  Stilly,  Stillwell,  Taylor, 
Tourgee,  Turner,Watts,  Welker  and  Williamson — 61. 

On  motion  of  Mr.  Tonrgee,  the  report  was  made  a  special 
order  for  Thursday  evening. 

On  motion  of  Mr.  Ashley  the  report  of  the  Committee  on 
Education  was  made  a  special  order  for  Friday  at  11  o'clock. 

On  motion  of  Mr.  Welker  the  report  of  the  Committee  on 
Penal  Institutions  was  made  a  special  order  for  Tuesday  at 
11  o'clock. 

On  motion  of  Mr.  Rodman,  the  ordinance  for  relief  intro- 
duced by  himself  was  made  a  special  order  for  Tuesday  even- 
ing at  7-J  o'clock. 

The  report  of  the  Committee  on  Counties,  Cities  and 
Towns,  was  received  and  ordered  to  be  printed  and  made  a 
special  order  for  Thursday  at  11  o'clock. 

Mr.  Bryan  moved  to  reconsider  the  vote,  striking  out  sec- 
tions 4th  to  10th  inclusive  of  the  report  of  the  Committee  on 
Corporations  other  than  Municipal. 

The  motion  was  not  sustained. 

The  following  ordinance  offered  by  Mr.  Tourgee  in  refer- 
ence to  Sheriffs,  Executions,  &c,  was  taken  up  and  passed : 


1868.]  CONVENTION  JOURNAL.  2S5 

Section  1.  Beitordainedby  the  people  of  North-Carolina, 
in  Convention  assembled,  That  no  sheriff  or  other  officer  in 
the  State  of  North-Carolina  who,  in  the  performance  of  official 
duty,  has  obeyed  and  observed  the  provisions  of  an  act  of  the 
General  Assembly  of  the  State  of  North-Carolina  entitled,  "An 
act  to  protect  property  sold  under  execution  from  sacrifice 
ratified  the  26th  day  of  February,  A.  D.,  1867,"  shall  be  liable 
to  amercement  or  any  other  proceedings  for  failure  to  sell  any 
property  whatsoever  to  satisfy  any  execution  or  other  process 
issued  from  a  justice  of  the  peace  or  from  any  of  the  several 
courts  of  said  State,  and  any  judgments  nisi,  heretofore  gran- 
ted by  any  of  such  amercements,  and  which  may  still  be  pen- 
ding in  any  of  said  courts,  and  any  actions  commenced,  or 
which  may  hereafter  be  commenced  in  any  of  said  courts  for 
failure  to  satisfy  execution  or  other  process  as  aforsaid,  shall 
be  dismissed  upon  notice  duly  made. 

On  motion  of  Mr.  Jones,  of  Washington,  the  report  of  the 
Committee  on  Corporations  was  made  a  special  order  for  this 
evening  at  7f  o'clock. 

Leave  of  absence  was  granted,  Messrs  Ragland,  and  Mc- 
Donald of  Chatham,  until  "Wednesday  next. 

The  ordinance  to  repeal  an  ordinance  ratified  June  20th, 
1868,  introduced  by  Mr.  Morton,  was  taken  up,  and, 

On  motion,  was  laid  on  the  table. 

The  ordinance  to  prohibit  the  collection  of  certain  debts, 
introduced  by  Mr.  Watts,  was  taken  up,  and, 

On  motion,  was  laid  on  the  table. 

The  Chair  announced  the  following  Committee  on  Final 
Revision  and  Arrangement : 

Messrs.  Heaton,  Nicholson  and  Rodman. 

Mr.  Rodman  moved  a  suspension  of  the  rules,  to  take  up 
his  resolution  concerning  divorces. 

The  motion  prevailed. 

Mr.  Candler  moved  to  lay  the  resolution  on  the  table. 

The  motion  was  not  sustained, 

On  motion  of  Mr.  Ing,  the  resolution  was  postponed  inde- 
finitely. 

Mr.  Forkner  moved  to  adjourn. 


286  CONVENTION  JOURNAL.  [Session 

The  motion  was  lost. 

Mr.  Graham,  of  Orange,  moved  to  adjourn  sine  die. 

The  motion  was  lost. 

Mr,  Holt  moved  to  adjourn. 

The  motion  prevailed. 


EVENING  SESSION,  Maech  2d,  1868. 

The  Convention  was  called  to  order  at  7%  o'clock,  by  the 
President. 

The  Roll  was  called,  forty-seven  members  answering  to 
their  names,  viz : 

Messrs.  Andrews,  Aydlott,  Blume,  Bradley,  Bryan,  Carey, 
Carter,  Cherry,  Chilson,  Durham,  Eppes,  Fullings,  Galloway, 
Graham  of  Montgomery,  Gully,  Guntef,  Hay,  Hayes  of  Robe 
son,  Hayes  of  Halifax,  Highsmith,  Hodnett,  Hood,  Hyman, 
Jones  of  Caldwell,  King  of  Lincoln,  Kinney,  Lee,  Long, 
Mann,  McDonald  of  Moore,  Morton,  Mullican,  Murphy,  New- 
som,  Parks,  Ray,  Rich,  Robbips,  Rodman,  Rose,  Smith,  Stil- 
well,  Teague,  Tourgee,  Tucker,  Welker  and  Williams  of 
Sampson— 47. 

Mr.  Rich  moved  a  call  of  the  House. 

Mr.  Tourgee  moved  that  the  Sergeant  at-Arms  be  sent  after 
the  absent  members. 

The  motion  was  sustained. 

Mr.  Hodnett  moved  that  further  proceedings  in  the  matter 
be  suspended. 

The  motion  was  not  sustained. 

Mr.  Hayes,  of  Halifax,  moved  a  reconsideration  of  the  vote 
taken  on  the  motion  of  Mr.  Tourgee,  to  send  the  Sergeant-at- 
Arms  after  absent  members. 

The  motion  was  sustained. 

A  quorum  being  present,  the  House  proceeded  to  take  up 
the  report  of  the  Committee  on  Corporations  other  than  Mu- 
nicipal, 

Which  was  placed  upon  its  third  and  final  reading. 

Section  1st  was  read. 


1868.]  CONVENTION  JOURNAL.  287 

Mr.  Durham  moved  to  amend  by  adding,  "  Provided,  That 
institutions  o±  learning  in  which  black  and  white  people  are 
educated  promiscuously,  shall  not  be  incorporated  under  gen- 
eral laws,  or  by  special  act." 

Mr.  Hood  moved  to  amend  the  amendment  of  Mr.  Durham, 
which,  after  some  discussion,  was  withdrawn. 

The  question  recurred  on  the  amendment  of  Mr.  Durham. 

Mr.  Durham  demanded  the  yeas  and  nays. 

The  demand  was  not  sustained. 

The  amendment  was  lost. 

The  section,  as  read,  was  adopted. 

Sections  2d  and  3d  was  read  and  adopted. 

Section  4th  was  read  and  adopted. 

Mr.  Tourgee  offered  the  following  as  a  new  section,  to  be 
known  as  section  5th. 

"  No  corporate  body  shall  hereafter  be  created,  renewed  or 
extended,  with  the  privilege  of  making,  issuing  or  putting 
into  circulation,  any  notes,  bills  or  other  paper,  or  the  paper 
of  any  other  Bank,  to  circulate  as  money,  and  the  General 
Assembly  shall  prohibit,  by  law,  individuals  and  corporations 
from  issuing  bills,  checks,  tickets,  promisory  notes,  or  other 
paper  to  circulate  as  money." 

Mr.  Rodman  moved  to  amend  by  adding,  "  until  the  laws 
of  the  United  States  shall  cease  to  furnish  a  Federal  Cur- 
rency." 

Mr.  Tourgee  accepted  the  amendment. 

After  some  discussion,  the  previous  question  was  called  by 
Mr.  Rich,  at  the  request  of  Mr.  Tourgee. 

The  section  was  put  to  the  House  and  lost. 

The  entire  report  was  then  adopted,  yeas  71,  nays  13. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Bryan, 
Carey,  Carter,  Cowles,  Cherry,  Chillson,  Colgrove,  Congleton, 
Cox,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,  Franklin, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gallo- 
way, George,  Glover,  Grant  of  Northampton,  Gully,  Gunter, 
Hay,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Homer, 
Hollowell,  Jones  of  Caldwell,  Jones  of  Washington,  King  of 


288  CONVENTION  JOTIBNAL.  [Session 

Lincoln,  Kinney,  Long,  Mann,  Mayo,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Parker,  Parks,  Petree,  Peterson,  Pierson,  Eay,  Kich, 
Bobbins,  Eodman,  Eose,  Stilly,  Stilwell,  Taylor,  Teague, 
Tourgee,  Tucker,  Turner,  Watts,  Welker  and  Williamson— 71. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Bradley,  Durham,  Ellis,  Etheridge,  Hare,  Hodnett, 
Holt,  Lennon,  Marler,  McCubbins,  Merritt,  Sanderlin  and 
Williams  of  Sampson — 13. 

The  House,  on  motion,  adjourned. 


TUESDAY,  Maech  3d,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  Eev,  Mr.  May. 

Delegates  present,  92,  viz  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Colgrove, 
Congleton,  Cox,  Dickey,  Duckworth,  Durham,  Eppes,  Ethe- 
ridge, Eisher,  Forkner,  Franklin,  French  of  Bladen,  French 
oi  Eockingham,  French  of  Chowan,  Fullings,  Galloway, 
George,  Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of 
Northampton,  Gully,  Gunter,  Hare,  Harris  of  Wake,  Hay, 
Hayes  of  Eobeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hodnett,  Hoffler,  Hollo  well,  Holt,  Hood,  Hyman,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lincoln,  Kinney, 
^Laflin,  Lee,  Legg,  Lennon,  Logan,  Long,  Mann,  May,  Mayo, 
McCubbins,  Merritt,  McDonald  of  Moore,  Moore,  Mullican, 
Murphy,  Nance,  Newsom,  Nicholsorr,  Parker,  Parks,  Petree, 
Peterson,  Pierson,  Eay,  Ehodes,  Eich,  Eobbins,  Eodman, 
Eose,  Sanderlin,  Smith,  Stilwell,  Taylor,  Teague,  Tourgee, 
Tucker,  Turner,  Watts,  Welker,  Williams  of  Sampson,  Wil- 
liams of  Wake  and  Williamson' — 92. 

The  Journal  of  Monday  was  read  and  approved. 

Mr.  Dickey  presented  a  petition  from  the  citizens  of  Cher* 
kee  County,  for  a  division  of  the  County. 


1S68.]  CONVENTION  JOURNAL.  289 

Referred  to  the  Committee  on  Counties,  Cities,  Towns,  &c. 
Mr.  Abbott  presented  a  petition  of   divorce  in   favor   of 
Harmon  Merritt. 

Referred  to  the  Committee  on  the  Judicial  Department. 
The  Committee  on  Privileges  and  Elections  reported  as  fol- 
lows : 

The  Committee  on  Privileges  and  Elections,  to  whom  was 
referred  the  election  returns  from  the  Counties  of  Alleghany, 
-Ashe,  Surry,  Yadkin  and  Watauga,  have  instructed  me  to 
report  that  the  official  returns  of  the  various  election  precincts, 
from  the  district  comprising  said  Counties,  agree  with  the 
former  report  of  Generel  E>  R.  S.  Canby,  made  to  this  Con- 
vention, which  gave  rise  to  the  former  action  of  this  Conven- 
tion, which  declared  that  John  M.  Marshall  was  chosen  in- 
stead of  John  G-.  Marler.  Jno.  M.  Marshall  received  1,123 
votes,  and  John  G-.  Marler,  1,030  votes,  which  shows  that 
-John  M.  Marshall  is  entitled  to  his  seat.  We,  therefore,  submit 
-the  following : 

Resolved,  That  the  seat  now  occupied  by  John  Gr.  Marler 
be  vacated,  and  John  M.  Marshall  be  admitted  to  his  seat. 
The  report  was  accepted. 

The  hour  of  10-J-  having  arrived,  the  Special  Order  for  that 
hour  was  postponed  to  Wednesday  at  10|-  o'clock. 

The  following  report  was  received  -from  -the  Committee  of 
sixteen. 

The  Committee  of  sixteen,  to  whom  was  referred  the  peti- 
tion of  certain  citizens  of  Jones  County,  in  relation  to  the 
change  of  a  portion  of  the  line  between  said  County  and  the 
County  of  Lenoir,  have  had  the  same  under  consideration,  and 
respectfully  beg  leave  to  to  report  as  follows : 

That  the  present  Convention  is  not  prepared  to  act  upon 
said  subject,  for  the  following  reasons  : 

1st.  Because  the  Constitution  now  being  framed,  has  not 
yet  been  ratified  by  the  vote  of  the  people. 

2d.  Because  there  will  be  an  Article  in  said  Constitution, 

pointing  out  the  course  hereafter  to  be  taken  in  relation  to  the 

change  of  County  lines,  and  that  a  remedy  can  be  furnished 

«,t  the  next,  or  any  subsequent  Legislature,  for  the  claims  -of 

19 


290  CONVENTION  JOURNAL.  [Session 

said  petitioners,  of  such  a  character  as  will  enable  said  petition- 
ers to  accomplish  the  object  desired. 
All  of  which  is  respectfully  submitted. 

DAYID  HEATON,  Chairman. 

On  motion,  the  report  was  adopted. 

Mr.  Forkner  moved  that  the  report  of  the  Committee  ok 
Privileges  and  Elections  be  adopted. 

Mr.  Durham  moved  that  the  report  of  the  Committee  on 
Privileges  and  Elections,  be  printed  with  the  accompanying 
papers. 

The  motion  was  not  sustained. 

The  hour  of  eleven  having  arrived,  the  Special  Order  for 
that  hour  was, 

On  motion,  postponed. 

Mr.  Durham  moved  to  re-commit  the  report  of  the  Com- 
mittee on  Privileges  and  Election  to  that  Committee,  with  in- 
structions to  communicate  with  General  Canby,  and  send  for 
the  original  scrolls  or  ballots  cast  in  the  Counties  of  Alleghan}^ 
Ashe,  Surry,  Yadkin  and  "Watauga. 

After  some  discussion,  Mr.  Forkner  moved  the  previous 
qnestion, 

Which  motion  was  sustained. 

The  motion  of  Mr.  Durham  was  put  to  the  House  and  lost. 

Mr.  Durham  moved  to  lay  the  report  of  the  Committee  on 
the  table. 

Which  motion  the  Chair  decided  out  of  order. 

Mr  Heaton  moved  a  call  of  the  House. 

The  Roll  was  called. 

The  following  members  present  viz : 

Messrs.  Ashley,  Aydlott,  Baker,  Blume,  Bradley,  Bryan, 
Carey,Carter,  Candler,  Chillson,  Colgrove,  Congleton,  Cox, 
Dickey,  Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge, 
Fisher,  Forkner,  Franklin,  French  of  Rockingham,  French  of 
Chowan,  Fullings,  Gahagan,  Galloway,  Garland,  Garrett, 
George,  Glover,  Graham  of  Montgomery,  Graham  of  Orange, 
Grant  of  Wayne,  Grant  of  Northampton,  Gully,  Gunter, 
Hare,  Hay,  Hayes,  of  Robeson,  Hayes  of  Halifax,  Heaton, 


1868.]  CONTENTION  JOURNAL.  291 

Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt,  Hood, 
Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King 
of  Lincoln,  Kinney,  Laflin,  Lee,  Legg,  Lennon,  Logan,  Long, 
May,  Mayo,Marler,  McCubbins,  Merrit,  McDonald  of  Moore, 
Moore,  Morton,  Mnllican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Parker,  Parks,  Petree,  Pierson,  Pay,  Read,  Rhodes, 
Robbins,  Rodman,  Rose,  Sanderlin,  Smith,  Stilley,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Tucker,  Turner,  "Watts, 
Welker,  Williams  of  Sampson  and  Williamson — 89. 

The  Chair  ordered  the  lobbies  cleared  and  the  doors  closed, 

When,  on  motion  of  Mr.  Graham,  of  Orange,  further 
proceedings  in  the  matter  were  suspended. 

The  question  then  before  the  House,  was  on  the  adoption  of 
the  report  of  the  Committee. 

Mr.  Durham  demanded  the  yeas  and  nays. 

The  report  was  then  adopted  by  the  following  vote,  yeas 
67,  nays  17: 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Ashley,  Aydlott,  Blume,  Bryan,  Carey,  Carter, 
Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey, 
Duckworth,  Fisher,  Forkner,  French  of  Bladen,  French  of 
Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Galloway, 
Garland,  Garrett,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Gully,  Gunter,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hood,  Hyman,  Jones  of  Washing- 
ton, King  of  Lincoln,  Kinney,  Laflin,  Lee,  Logan,  Long,  May, 
Mayo,  Morton,  Mullican,  Newsom,  Parks,  Petree,*Pierson, 
Ray,  Rhodes,  Robbins,  Rodman,  Rose,  Smith,  Stilwell,  Sweet, 
Taylor,  Teague,  Tourgee,  Tucker,  Turner,  Watts,  Welker  and 
Williamson — 67. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Baker,  Dowd,  Durham,  Ellis,  Graham  of  Orange, 
Hare,  Hay,  Hodnett,  Holt,  Legg,  Lennon,  McCubbins,  Mer- 
ritt,  McDonald  of  Chatham,  Moore,  Sanderlin,  Stilly  and 
Williams  of  Sampson — 17. 

Mr.  Durham  offered  a  protest,  which  he  desired  entered  on 
the  Journal  of  the  Convention,  which  was  granted  by  the 
House. 


292  CONTENTION  JOURNAL.  [Session 

Mr.  Marshall  was  properly  qualified  by  the  Secretary,  and 
took  his  seat  in  the  Convention. 

Mr.  Bradley  moved  that  Mr.  Marler  be  entitled  to  his  per 
diem  and  mileage. 

The  motion  prevailed. 

The  following  report  was  taken  up  and  passed  its  first 
reading : 

BEPOKT  OF  THE  COMMITTEE  ON  PUNISHMENTS, 
PENAL    INSTITUTIONS    AND    PUBLIC    CHAPJ- 

TIES. 

The  Committee  on  Punisnments,  Penal  Institutions  and 
Public  Charities,  would  submit  to  the  consideration  of  the 
Convention,  the  following  report : 

AKTICLE  -^. 

Section  1.  The  following  punishments  shall  be  known  to 
the  laws  of  this  State,  viz  :  Death,  imprisonment,  fines,  re- 
moval from  office  and  disqualification  to  hold  and  enjoy  any 
office  of  honor,  trust,  or  profit,  under  this  State. 

Sec.  2.  The  object  of  punishments  being  not  only  to  satisfy 
justice,  but  also  to  reform  the  offender,  and  thus  prevent 
crime,  it  shall  not  be  allowed  to  inflict  any  cruel  or  unusual 
punishments ;  and  wilful  murder  only  shall  be  liable  to  be 
punished  with  death,  while  branding,  cropping,  whipping, 
and  the  pillory,  shall  never  be  allowed. 

Sec.  3.  The  General  Assembly  shall,  at  its  first  meeting, 
make  provision  for  the  erection  and  conduct  of  a  State's  prison 
or  penitentiary  at  some  central  and  accessible  point  within 
the  State. 

Sec.  4.  The  General  Assembly  shall  provide  for  the  erec- 
tion of  Houses  of  Correction,  where  vagrants  and  persons 
guilty  of  misdemeanors  shall  be  restrained  and  usefully  em- 
ployed. 

Sec.  5.  A  House  of  Eefuge  shall  also  be  established  at  an 
early  period  for  the  juvenile  offenders,  where,  under  proper 
supervision,  they  may  be  reclaimed  from  vicious  habits  and 
fitted  for  the  duties  of  citizens. 


1868.]  CONTENTION  JOURNAL.  293 

Sec.  6.  It  shall  be  required  by  competent  legislation  that 
the  structure  and  superintendence  of  the  penal  institutions  of 
the  State,  the  County  jails,  and  city  police  prisons,  secure  the 
health  and  comfort  of  the  prisoners,  and  male  and  female  con- 
victs be  never  confined  in  the  same  room  or  cell. 

Sec.  7.  Beneficent  provisions  for  the  poor,  the  unfortunate 
and  orphan,  being  one  of  the  first  duties  of  a  civilized  and 
christian  State,  the  General  Assembly  shall,  at  its  first  session, 
appoint  and  define  the  duties  of  a  Board  of  Public  Charities, 
to  whom  shall  be  entrusted  the  management  of  all  charitable 
and  penal  State  institutions,  and  who  shall  annually  report 
to  the  Govornor  upon  their  condition,  with  suggestions  for 
their  improvement. 

Sec.  8.  There  shall  also,  as  soon  as  practicable,  be  measures 
devised  by  the  State  for  the  establishment  of  one  or  more 
Orphan  Houses,  where  the  orphans  of  the  poor  shall  be  cared 
for,  educated  and  taught  some  business  or  trade. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature,  at  an  early 
day,  to  devise  means  for  the  education  of  idiots  and  the  cure 
of  inebriates. 

Sec.  10.  The  General  Assembly  shall  provide  that  all  the 
deaf-mutes,  the  blind,  and  the  insane  of  the  State  shall  be 
cared  for  at  the  charge  of  the  State, 

Sec.  11.  It  shall  be  steadily  kept  in  view  by  the  Legisla- 
ture, and  the  Board  of  Public  Charities,  that  all  penal  and 
charitable  institutions  should  be  made  as  nearly  self-support- 
ing as  is  consistent  with  the  purposes  of  their  creation. 

G.  WILLIAM  WELKER,  Chairman. 

G.  W.  BRADLEY, 

S.  W,  WATTS, 

R.  T.  LONG, 

J.  S.  PARKER, 

W.  A.  B.  MURPHY, 

MILTON  HOBBS, 
I  T.  L.  L.  COX, 

WILLIE  DANIEL, 

CLINTON  D.   PEARSON, 

BRYANT  LEE, 

J.  H.  DUCKWORTH, 

ANDREW  J.  GLOVER. 


294  CONTENTION  JOURNAL.  [Session 

On  second  reading,  section  1st  was  adopted. 

Section  2d  was  read. 

Mr.  Rodman  moved  to  strike  out  all  in  first,  second  and 
third  lines,  excluding  the  word  "  Crime." 

The  amendment  was  not  sustained. 

Mr.  Rodman  moved  to  strike  out  in  third  and  fourth  lines, 
the  words,  "  it  shall  not  be  allowed  to  inflict  any  cruel  or  un- 
usual punishments." 

The  amendment  was  accepted  by  Mr.  "Welker,  Chairman 
of  the  Committee. 

Mr.  Tourgee  moved  to  strike  out  the  word  "  and,"  in  fourth 
line. 

The  motion  was  sustained. 

Mr.  Rodman  moved  to  strike  out  the  word  "  wilful,"  in 
fourth  line. 

The  amendment  was  accepted  by  Mr.  Welker,  the  Chair- 
man of  the  Committtee. 

Mr.  Rodman  moved  to  strike  out  the  word  "  only,"  in  fourth 
line. 

Mr.  Rodman  withdrew  the  amendment,  and  offered  the  fol- 
lowing in  place  thereof : 

Strike  out  all  after  "  crime,"  in  line  third,  down  to  the 
word  "  while,"  in  line  fifth,  and  insert  as  follows:  "  Murder 
and  also  arson,  burglary  and  rape,  if  the  General  Assembly 
shall  so  enact,  shall  be  punishable  with  death. 

The  amendment  was  put  to  the  House  and  lost. 

On  motion,  the  vote  was  reconsidered,  and  the  amendment 
adopted. 

Mr.  Rodman  moved  to  amend  by  striking  out  the  words, 
"  while  branding,  whipping,  and  the  pillory  shall  never  be 
allowed." 

The  amendment  was  adopted. 

Section  2d,  as  amended,  was  adopted. 

Mr.  Rodman  moved  to  reconsider  the  vote  by  which  section 
1st  was  adopted. 

The  motion  prevailed. 

Mr.  Rodman  moved  to  amend  by  inserting  the  word  "  only," 
after  the  word  "  punishments,"  on  line  first,  and  the  words, 


1868.]  CONVENTION  JOURNAL.  295 

•"  with  or  without  hard  labor,"  after  the  word  "  imprison- 
ment,"" on  line  second. 

The  amendments  were  adopted. 

The  section,  as  amended,  was  adopted. 

Section  3d  was  read. 

Mr.  Mulliean  moved  the  following  as  a  substitne: 

"  The  General  Assembly  shall,  as  soon  as  practicable,  make 
provisions  for  the  erection  of  a  penitentiary,  at  some  central 
.and  aeeessable  point  within  the  State." 

The  substitute  did  not  prevail. 

The  section,  as  read,  was  adopted. 

Section  4th  was  read. 

Mr.  Heaton  moved  to  insert  "  may,"  instead  of  "  shall,"  in 
line  first. 

The  amendment  was  accepted  by  the  Chairman  of  the 
^Committee. 

The  section,  as  amended,  was  adopted. 

Section  5th  was  read. 

Mr.  Jones,  of  "Washington,  moved  to  insert  "  may  "  instead 
of  "  shall,"  in  line  first. 

The  amendment  was  adopted. 

Mr.  Harris,  of  Wake,  moved  to  insert  after  the  word 
"  House,""  on  line  first,  the  words,  "  or  Houses." 

The  amendment  was  accepted  by  the  Chairman  of  the 
Committee. 

Mr.  Hobbs  moved  to  strike  out  the  entire  section. 

Mr.  Watts  moved  to  adjourn. 

The  motion  was  not  sustained. 

The  yeas  and  nays  were  granted  on  the  motion  of  Mr. 
Hobbs,  to  strike  out. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  March  3d,  186S. 
"The  Convention  was  called  to  order  at  7J  o'clock  by  the 
President. 

The  roll  was  called. 


296  CONTENTION  JOURNAL.  [Session 

The  following  members  present,  viz  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,   Blnme,  Bradley,. 
Bryan,  Carey,   Carter,  Chillson,    Colgrove,    Congleton,  Cox, 
Dickey,  Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge, 
Fisher,    Forkner,   Franklin,   French    of  Bladen,   French  of 
Chowan,  Fullings,   Galloway,  George,  Graham  of  Montgom- 
ery, Gully,  Gunter,  Hare,  Hayes  of  Robeson,  Hayes  of  Hal- 
ifax, Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt,. 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  "Washington,. 
King  of  Lincoln,  Kinney,  Laflin,  Lee,  Legg,  Lennon,  Mann, 
May,   Mayo,   Marshall,   McCubbins,   Merritt,   McDonald  of 
Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom, 
Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pool,  Ray,  Head, 
Rhodes,  Rich,  Robbins,  Rodman,  Rose,    Sanclerlin,    Smith,. 
Stilwell,  Taylor,  Teague,  Tucker,  Turner,  Watts   and  Welk- 
er— 86. 

The  following  ordinance  introduced  by  Mr.  Rodman,  hav- 
ing been  made  a  Special  Order  for  this  evening,  was  taken  up: 

AN  ORDINANCE  FOR  THE  RELIEF  OF  THE  PEO- 
PLE.. 

Section  1.  It  is  hereby  ordained  by  the  people  of  North- 
Carolina  in  Convention  assembled,  That  no  court  of  law  or 
court  of  equity  created  by  the  Constitution,  which  shall  be- 
adopted  by  this  Convention,  shall  have  jurisdiction  of  any 
action  founded  on  a  contract  made  or  entered  into  prior  to  the 
first  day  of  May,  1865  ;  (except  actions  against  public  officers, 
executors,  administrators,  guardians,  trustees  and  others  acting 
in  a  fiduciary  capacity,  founded  on  an  appropriation  to  their 
own  use  of  money  or  property  officially  received  by  them,  or  oth- 
er fraudulent  breach  of  trust:  and  except  also,  notes  given  for 
the  purchase  of  land  where  less  than  half  the  purchase  money 
has  been  paid  :  and  except  also,  actions  for  the  wages  of 
laborers ;  and  except  also,  actions  against  banking  and  rail 
road  corporations :  and  except  where  the  debt  is  secured  by 
mortgage  or  deed  in  trust,)  nor  of  any  action,  suit,  or  process 
to  revive,  continue  or  enforce  any  judgment  heretofore  recav- 


1868.]  CONVENTION  JOUKNAL.  29T 

ered   in   any   action   founded  as  aforesaid,  nor  of  any  action 
founded   on   any  bond,   promissory  note,  bill  of    exchange 
or    parol    promise   made   since  the   1st   of  May,    1865,   in 
renewal  of,  or  substitution  for,  a  contract  made  prior  to  1st 
of  May,  1865,  to  the  full  amount  of  principal  and  interest  of 
a  debt,  existing  prior  to  said  clay,  and  without  other  consider- 
ation than  such  pre-existent  debt ;  nor  of  any  action,  suit,  or 
process  to  revive,  continue  or  enforce  any  judgment  hereto- 
fore recovered  upon  any  such  bond,  promissory  note,  bill  of 
exchange  or  parol  promise  as  is  heretofore  mentioned :  unless 
before  or  at  the  time  of  commencing  any  such  action,  proceed- 
ing or  motion,  or  of  suing  out  such  process,  or   of  enforcing- 
the  same,  the  plaintiff  therein,  in  person   or  by  his  attorney, 
shall  by  deed,  or  of  record,  stipulate  that  if  the  defendant  shall 
at  the  current  or  next  ensuing  term  of  the  Court,  to  which 
such  action  shall  be  brought,  or  in  which  it  is  pending,  or  to- 
which  such  process  is  returnable,  pay  to  the  plaintiff,  or  into 
Court  for  his  use,  the-  one-tenth  part  of  the  sum  of  the  princi- 
pal an-d  interest,  up  to  the  first  day   of  January,  1868,  of  the- 
debt  recovered,  or  demanded  and  not  denied  to  be  due,  to- 
gether wkh  the  taxable  cost  of  such  suit  or  process,  and  shall 
annually  for  nine  years  thereafterpay  as  aforesaid  a  like  sum  ; 
the  said  plaintiff  will  accept  such  payments  in  frail  satisfaction 
and  discharge  of  the  demand  sued  for.     And  if' the  defendant 
shall  pay  the  said  costs  and  the  debt   in  tenths  annually  in 
manner  aforesaid,  the  action  shall  be  continued  from  term  to- 
term  in  the  Court,  but  the  Court  shall  have  no  jurisdiction  to 
hear,  try  or  determine  the- same,  or  to  make  any  other  order- 
therein.     And  if  the  defendant  in  any  such  action,  shall  on 
oath,  deny  that  he  owes  to  the  plaintiff  the  sum  demanded  by 
him,  or  shall  admit  that  he  owes  a  part  only  of  said  sum,  and 
on  oath  deny  that  he  owes  the  residue,  then   the  Court  shall 
have  jurisdiction  of  so  much  of  the  debt  as  is   denied ;  and 
shall  proceed  to  try  and  determine  the  suit  as  if  brought  for- 
that  portion  of  the  claim  only ;  and  the  defendant  as  to  the: 
portion  of  the  claim  not  denied  by  him  shall  have  the  benefit 
of  the  provision  of  this  ordinance.     And  if  such  defendant 
shall,  at  any  time-,  fail  to  pay  the  costs  and  one-tenth  annua-ily 


298  CONVENTION  JOURNAL.  [Session 

as  herein  provided  for,  the  plaintiff  shall  be  entitled  immedi 
ately  to  judgment  and  process  of  execution  for  the  said  costs 
and  tenth,  or  lor  so  much  thereof,  as  shall  be  unpaid. 

Sec.  2.  If  the  plaintiff,  in  any  action  now  pending,  in  any 
court  of  law  or  equity  in  this  state,  of  which  action  it  is  en- 
acted in  the  foregoing  section,  that  no  court  shall  have  juris- 
diction, unless  on  the  performance  by  the  plaintiff  of  certain 
conditions  in  said  section  set  forth,  or  any  person  having  a 
cause  of  action,  of  which  jurisdiction  is  denied  by  the  provis- 
ions of  the  foregoing  section,  shall  by  deed  filed  in  the  proper 
court,  for  the  use  of  the  defendant  in  such  action,  or  of  the 
person  against  whom  such  cause  of  action  exists,  or  of  record 
in  such  court,  stipulate  and  agree,  that  if  the  defendant,  or 
person  against  whom  such  cause  of  action  exists,  shall  pay  to 
the  said  plaintiff  or  person  having  such  cause  of  action,  or  into 
court  for  his  use,  the  cost  and  also  one-fourth  of  the  debt  or 
demand  of  the  said  plaintiff,  or  person  having  such  cause  of 
action,  in  three  equal  payments,  the  first  of  which,  with  the 
costs,  shall  be  paid  in  three  months,  from  the  entering  into 
such  agreement,  and  the  other  two,  with  interest  thereon,  at 
the  end  of  one  and  two  years  respectively,  from  the  time  of 
the  first  pajmient ;  that  he,  the  said  plaintiff  or  person  having 
such  cause  of  action,  will  release  and  discharge  the  defendant 
or  person  against  whom  the  cause  of  action  exists,  from  the 
said  debt  or  demand,  and  shall  have  given  notice  to  the  de- 
fendant, or  person  against  whom  the  cause  of  action  exists, 
ten  days  before  entering  into  sueh  agreement,  that  he  would 
enter  into  such  agreement ;  then,  and  in  that  case,  the  court 
shall  have  jurisdiction  to  hear,  try,  and  determine  the  demand 
of  the  said  plaintiff  or  person  having  a  cause  of  action,  and 
shall  give  judgment  for  the  costs  of  the  suit,  and  tor  one-fourth 
of  the  sum  found  due,  and  execution  may  immediately  issue, 
and  be  levied  on  the  property  of  the  person  against  whom  the 
judgment  was  recorded,  which  levy  shall  be  a  lien  on  the  pro- 
perty levied  on,  prior  to  any  lien  subsequently  acquired  ;  but 
the  property  shall  only  be  sold  in  case  of  failure  to  pay  as 
aforesaid. 

Sec,  3.  If  any  such  plaintiff,  or  person  having  a  cause  of 


1868.J  CONTENTION  JOTIKNAL.  299 

action,  shall,  in  manner  aforesaid,  agreee  to  receive  from  the 
defendant,  or  person  against  whom  the  cause  of  action  exists 
in  full,  satisfaction  and  discharge  of  the  debt  or  demand,  a 
sum,  which  shall  hear  such  proportion  to  the  debt  due  the 
plaintiff,  or  person  having  cause  of  action  as  the  property, 
rights,  and  credits  of  the  defendant,  or  person  against  whom 
the  cause  of  action  exists,  bears  at  the  date  of  such  agreement 
to  the  property,  rights  and  credits  of  the  said  defendant  or 
person,  on  the  20th  May,  1861,  or  if  the  debt  or  cause  of  ac- 
tion was  created  after  the  20th  May,  1861,  then  on  the  date 
of  its  creation,  the  payment  of  the  costs  and  of  the  sum  to  be 
made  in  the  manner  provided  in  the  next  preceding  section 
for  the  payment  of  the  costs  and  the  on e-fourth  therein  spoken 
of,  and  shall  have  given  to  the  other  party  ten  days'  notice  of 
his  intention  to  make  such  agreement ;  then,  and  in  that  case, 
the  court  shall  have  jurisdiction  to  hear,  try  and  determine 
the  demand,  and  to  ascertain  according  to  its  course  and  prac- 
tice, what  sum  should  be  received  by  the  plaintiff  or  person 
aforesaid,  under  the  agreement  aforesaid,  and  shall  enter  judg- 
ment for  costs  and  for  such  sum,  and  execution  may  issue 
and  be  levied,  and  shall  be  a  lien,  in  like  manner  as  is  pro- 
vided for  in  the  next  preceding  section. 

Sec.  4.  No  mortgagee  or  trustee,  under  a  deed  in  trust, 
made  to  secure  debts  or  demands  such  as  the  courts  of  this 
State  are  excluded  from  jurisdiction  of  by  the  first  section  of 
this  ordinance,  and  such  debts  or  demands  only,  whether  the 
said  mortgage  or  trust-deed  does  or  does  not  contain  a  power 
of  sale,  shall  either  with  or  without  the  decree  of  a  court,  sell 
the  property  conveyed  in  such  mortgage  or  trust-deed,  with- 
out the  consent  of  the  grantor,  unless,  it  shall  appear  that  the 
creditor  has  offered  to  accept  in  clscharge  of  his  debt,  pay- 
ment thereof  in  manner,  the  following,  viz  :  On  the  first  day 
of  January,  1869,  the  one-fifth  of  the  principal  and  interest 
up  to  that  day,  and  annually,  on  the  same  day  for  four  years 
thereafter,  the  like  sum,  together  with  the  interest  which  has 
accrued  on  the  unpaid  portion  of  the  principal,  since  the  last 
preceding  payment,  and  the  debtor  shall  have  refused  or  fail- 
ed to  make  such  payments,  and  if  such  debtor  shall  so  fail  or 
refuse,  he  shall  lose  the  benefit  of  this  ordinance. 


300  CONVENTION  JOURNAL.  [Session 

Sec.  5.  No  lien  existing  at  the  time  this  ordinance  goes  in- 
to effect,  shall  be  thereby  impaired.  All  such  liens  unless 
already  registered,  shall  be  registered  within  three  months 
from  the  time  this  ordinance  shall  go  into  effect,  or  if  acquired 
subsequently  thereto,  in  thirty  days  after  being  so  acquired, 
in  the  office  of  the  Register  of  the  County  in  which  the  prop- 
erty on  which  the  lien  is  claimed  lies.  Such  registration  shall 
describe  the  property  on  which  the  lien  is  claimed,  the  name 
of  the  person  claiming  it,  the  name  of  the  person  against 
whom  it  is  claimed,  and  shall  show  how  it  is  claimed,  or  refer 
to  some  record  or  registered  deed  under  which  it  is  claimed. 
Upon  the  sale  of  the  property  subject  to  such  liens,  the  pro- 
ceeds shall  be  applied  to  satisfy  them,  according  to  their  pro- 
per priorities. 

Sec.  6.  The  Act  of  the  General  Assembly  of  North  Caro- 
lina, ratified  on  12th  March,  1866,  (ch.  39,)  establishing  a 
scale  of  depreciation  of  confederate  currency ;  and  also,  the 
act  construing  the  act  aforesaid,  ratified  24th  January,  1867, 
(ch.  44,)  are  hereby  re-enacted  and  continued  in  force,  and 
shall  be  applied  in  all  cases  in  which  they  are  applicable,  in 
proceedings  under  this  ordinance. 

Sec  1.  This  ordinance  shall  be  submitted  to  the  people  for 
ratification,  at  the  same  time  and  in  the  same  manner,  as  the 
Constitution  which  shall  be  adopted  by  this  Convention  is ; 
and  if  ratified  by  a  majority  of  the  voters,  it  shall  go  into  ef- 
fect upon  the  ratification  of  said  Constitution,  by  a  majority 
of  the  voters  thereon. 

After  considerable  debate  the  previous  question  was  called. 

The  call  was  sustained. 

The  yeas  and  nays  were  ordered. 

The  ordinance  was  passed  by  the  following  vote,  yeas  48, 
nays  42  : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Ashley,  Aydlott,  Baker,  Blume,  Bryan,  Carter, 
Cherry,  Chillson,  Dowd,  Duckworth,  Durham,  Etheridge, 
Fisher,  Franklin,  French  of  Chowan,  Galloway,  George, 
Graham  of  Montgomery,  Grant  of  "Wayne,  Grant  of  Nort- 
hampton, Gunter,  Harris  of  Franklin,  Hay,  Holt,   Jones  of 


1.86$.]  CONVENTION"  JOURNAL.  301 

Caldwell,  Laflin,  Legg,  Long,  Merritt,  McDonald  of  Moore, 
Moore,  Morton,  Murphy,  Nance,  Newsom,  Eead,  Rich,  Rod- 
man, Sanderlin,  Stilly,  Stilwell,  Taylor,  Tonrgee,  Turner, 
Watts,  Williamsof  Sampson,  and  Williamson— 48, 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Barnes,  Bradley  Carey,  Colgrove,  Con- 
gleton,  Cox,  Ellis,  Eppes,  Forkner,  French  of  Rockingham, 
Fnllings,  Glover,  Graham  of  Orange,  Hare,  Hayes  of  Hali- 
fax, Highsmith,  Hobbs,  Hodnett,  Hollowell,  Hood,  Hyman, 
Ing,  Jones  of  Washington,  King  of  Lincoln,  King  of  Lenoir, 
Kinney,  Lee,  May,  Mayo,  McCubbins,  Mnllican,  Nicholson, 
Parker,  Petree,  Peterson,  Pool,  Ray,  Rhodes,  Robbins,  Rose, 
and  Teague — 42. 

Mr.  Tonrgee,  gave  notice  that  on  Wednesday  he  would 
call  for  a  reconsideration  of  the  vote. 

On  motion,  the  following  preamble  and  resolution,  intro- 
duced by  Mr.  Rich  were  taken  up : 

Whereas,  It  is  of  the  utmost  consequence  that  this  Con- 
vention, in  view  of  the  importance  of  this  State,  being  repre- 
sented as  a  State  in  the  coining  Convention  at  Chicago, 
should  as  speedily  as  possible  finish  its  work  and  submit  the 
Constitution  framed  by  it  to  the  people  for  ratification  or  re- 
jection :    . 

Be  it  JResolved,  That  the  President  shall  appoint  a  commit- 
tee of  two  from  each  Congressional  district,  whose  duty  it 
shall  be  on  and  after  Thursday  the  5th  day  of  March,  to  re- 
commend to  this  Convention,  all  bills,  ordinances,  and  Con- 
stitutional articles,  which  should  in  the  opinion  of  that  com- 
mittee be  acted  upon  by  the  Convention,  and  that  no  other 
bills,  ordinances  or  Constitutional  articles,  shall  be  acted  up- 
on but  those  recommended  by  the  committee  appointed  in 
pursuance  of  this  resolution. 

On  motion  the  preamble  was  stricken  out. 

Mr.  Tourgee  moved  to  amend  by  striking  out  so  as  to  read 
"the  Committee  of  sixteen,  of  which  Mr.  ITeaton  is  Chair- 
man," instead  of  "  the  President  shall  appoint  a  committee  of 
two  from  each  Congressional  district." 

The  amendment  was  adopted, 


302  CONVENTION"  JOUENAL.  [Session 

On  motion  of  Mr.  Ileaton,  Mr.  Rich  was  added  to  that 
Committee. 

The  resolution  as  amended  was  adopted. 

Mr.  Forkner  introduced  a  resolution  limiting  debate. 

Lies  over  under  the  rule. 

The  report  of  the  Committee  on  Punishment,  Penal  Insti- 
tutions, &c,  was  taken  up  and  discussed. 

Pending  which, 

On  motion  the  House  adjourned. 


WEDNESDAY,  Makch  4th,  1868. 

The  Convention  was  called  to  order  at  11  o'clock,   by  the 
President. 

Prayer  by  the  Rev.  Mr.  Logan. 

The  roll  was  called  and  the  following  members  answered  to 
their  names : 

Messrs.  Abbott,  Ashley,  Aydlott,  Bradley,  Bryan,  Carey, 
Carter,  Candler,  Cherry,  Chillson,  Congleton,  Cox,  Dickey, 
Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge,  Fisher, 
Eorkner,  French  of  Bladen,  French  of  Rockingham,  French  of 
Chowan,Galloway,  Garland,  George,  Graham  of  Montgomery, 
Grant  of  Northampton,  Gully,  Gunter,  Hare,  Harris  of  Wake, 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Highsmith,  Hobbs, 
Hodnett,  Hoffler,  Holt,  Hood,  Hyman,  Ing,  Jones  of  Caldwell, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg, 
Lennon,  Logan,  Long,  Mann,  May,  Mayo,  Marshall,  McCub- 
bins,  Merritt,  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Ray, 
Read,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Sanderlin, 
Smith,  Stilwell  Taylor,  Teague,  Tourgee,  Trogden,  Turner, 
Watts,  Welker,  Williams  of  Sampson,  Williams  of  Wake, 
and  Williamson — 90. 

The  Journal  of  Tuesday  was  read  and  approved. 

Mr.  French,  of  Bladen,  presented  a  petition   of  relief,  of 
James  Johnson, 

Referred  to  the  Committee  on  Relief. 


1868.]  CONVENTION  JOURNAL.  303 

• 

The  Committee  on  Contingent  Expenses  reported  as  fol- 
lows : 

The  undersigned  Committee  appointed  on  Contingent  Ex- 
penses beg  leave  to  report  that  they  have  examined  the  ac^ 
count  of  W.  W.  Holden  &  Son,  for  printing  and  stationery, 
to  February  4th,  1868,  amounting  to  the  sum  of  nine  hundred 
and  seventy-one  dollars  and  fourteen  cents,  ($971,14,)  and  re- 
pectfully  recommend  that  the  same  be  paid. 

E.  W.  KING, 
JNO,  READ, 
L.  C.  MORTON. 
J.  W.  HOOD. 

The  report  was  received,  and, 

On  motion,  adopted. 

The  Committee  on  Privileges  and  Elections  reported  as 
follows : 

In  behalf  of  the  Committee  on  Privileges  and  Elections,  I 
beg  leave  to  make  the  following  report,  in  the  case  of  the  con- 
tested seat  of  the  delegate  from  Sampson  County,  Mr.  Wil- 
liams : 

It  is  the  opinion  of  your  committee  that  the  1,037  votes 
cast  for  Hall  were  intended  for  Lorenzo  D.  Hall,  and  that  Mr. 
Williams  received  only  873  votes,  leaving  a  clear  majority  for 
Lorenzo  D.  Hall  of  164  votes,  entitling  the  said  Hall  to  the 
seat  now  occupied  by  Mr.  Williams  in  this  Convention  ;  and 

Whereas  this  Convention  is  authorized  and  empowered  by 
orders  received  from  Head  Quarters  second  Military  district 
to  settle  the  matter  between  the  contestants  ;  therefore, 

Resolved,  That  the  rules  be  suspended  and  the  Convention 
take  immediate  action  in  this  case. 

E.  FULLINGS. 
For  Committee. 

On  motion,  the  report  was  received. 

Mr.  Ing  introduced  a  resolution  concerning  petitions  for 
divorce. 
Lies  over  under  the  rules. 


•904  CONVENTION  JOURNAL.  [Session 

The  hour  of  10-|  o'clock  having  arrived  the  Ordinance  on 
Immigration  having  been  made  a  special  order  for  that  hour, 
Was  taken  up  and  discussed,  until  11  o'clock,  when  the  fol- 
lowing majority  report  of  the  Committee  on  Finance  being 
made  a  special  order  for  that  hour  was  taken  up,  and  passed 
the  first  reading  : 

REPORT    OF   THE    STANDING-    COMMITTEE    ON 

FINANCE. 

Section  1,  The  General  Assembly  shall  levy  a  capitation- 
tax  on  all  male  inhabitants  of  the  State  over  twenty-one  and 
under  fifty  years  of  age,  which  shall  be  equal  on  each  head  to 
the  tax  on  property  valued  at  three  hundred  dollars  in  cash. 
The  county  courts  (or  other  body  which  may  fee  created  lor 
■managing  the  municipal  and  local  affairs  of  counties)  may  ex- 
empt from  capitation  tax  in  special  cases  on  account  of  pov- 
erty and  infirmity;  but  the  State  and  county  capitation 
combined,  shall  never  exceed  two  dollars  on  the  head. 

Sec.  2.  The  proceeds  of  the  State  and  .  County  capitation 
tax  shall  be  applied  to  the  purposes  of  Education  and  the  sup- 
port of  the  poor. 

Sec.  3.  Laws  shall  be  passed,  taxing  by  a  uniform  rule,  all 
moneys,  credits,  investments  in  bonds,  stocks,  joint  stock  com- 
panies or  otherwise  ;  and  also,  all  real  and  personal  property 
■according  to  its  true  value  in  money, 

Sec.  4.  Until  the  Bonds  of  the  State  shall  be  at  par,  the 
General  Assembly  shall  have  no  power  to  contract  any  new 
debt  or  pecuniary  obligation  in  behalf  of  the  State,  except  to 
•supply  a  casual  deficit,  or  for  suppressing  invasion  or  insur- 
rection, unless  it  shall  in  the  same  bill  levy  a  special  tax  to 
pay  the  interest  annually. 

Sec.  5.  Property  belonging  to  the  State,  or  to  municipal 
corporations,  shall  be  exempt  from  taxation.  The  General 
Assembly  may  exempt  cemeteries,  and  property  held  for  edu- 
cational, scientific,  literary,  charitable,  or  religions  purposes, 
and  also,  wearing  apparel,  arms  for  muster,  household  and 
kitchen  furniture,  the  mechanical  and  agricultural  implements 


1868.]  CONTENTION  JOURNAL.  305 

of  mechanics  and  farmers,  libraries  and  scientific  instruments 
to  a  value  not  exceeding  three  hundred  dollars. 

Sec.  6.  The  taxes  levied  by  County  Courts,  (or  other  body 
having  the  power  to  tax  for  County  purposes,)  shall  be  levied 
in  the  like  manner  with  the  State  taxes,  and  shall  never  ex- 
ceed the  double  of  the  State  tax,  except  for  a  special  purpose, 
and  With  the  special  approval  of  the  General  Assembly. 

Sec.  7.  Every  act  of  the  General  Assembly  levying  a  tax, 
shall  state  the  specific  object  to"  which  it  is  to  be  applied  and 
at  shall  be  applied  to  no  other. 

JOSEPH  C.  ABBOTT,  Chairman, 

D.  HEATON, 
WILL.  B.  RODMAN, 
J.  B.  HARE, 

C.  C.  JONES, 
S.  EORKNER, 
M.  HOBBS, 
J.  S.  McCUBBINS, 

E.  W.  KING, 
R.  J.  LONG, 
WILSON  CARET, 
JOHN  READ, 


MINORITY  REPORT, 

The  undersigned,  one  of  the  Finance  Committee,  respect- 
fully submits  the  following : 

Section  1.  The  capitation  or  poll-tax  shall  be  levied  only 
by  the  General  Assembly  on  males  between  the  ages  of  twem 
ty-one  and  forty-five  years.  It  shall  be  equal  throughout  the 
State,  and  shall  not  exceed  the  sum  of  one  dollar  for  any  one 
year;  and  all  funds  arising  therefrom  shall  be  appropriated 
exclusively  to  the  support  of  free  schools. 

Sec.  2.  That  it  shall  be  the  right  of  all  persons,  as  heads 
of  families  or  guardians  for  the  benefit  of  minors,  to  own 
-20 


306  CONVENTION  JOURNAL.  [Session 

lands  and  tenements,  or  other  property,  of  the  valuation  of 
three  hundred  dollars,  and  all  other  tax-payers  one  hundred 
dollars  each,  on  which  there  shall  be  no  tax  levied  for  any 
purpose  whatever. 

Sec.  3.  That  all  other  property  in  this  State  shall  be  asses- 
sed and  taxed  in  exact  proportion  to  the  valuation  of  such 
property :  Provided,  The  General  Assembly  may  exempt 
cemeteries  and  property  held  for  educational,  charitable  and 
religious  purposes. 

J.  W.  PETEESON. 

On  the  second  readina;,  Mr.  Tour^ee  moved  to  substitute 
section  1st  of  the  minority  report  for  section  1st  of  the  major- 
ity report. 

The  yeas  and  nays  were  called,  yeas  27,  nays  81. 

Those  who  voted  in  the  affirmative,  are. 

Messrs.  Andrews,  Barnes,  Blume,  Bryan,  Candler,  Colgrove. 
Congleton,  Duckworth,  Gahagan,  Garland,  Graham  of  Mont- 
gomery, Gunter,  Harris  of  Franklin,  Heaton,  lug,  Marshal], 
Morton,  Newsom,  Parker,  Parks,  Peterson,  Pose,  Smith,  Stil- 
well,  Tourgee  and  Welker — 27. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Bradley,  Carey,. 
Carter,  Cherry,  Chillson,  Cox,  Daniel,  Dickey,  Dowd,  Ellis, 
Eppes,  Etheridge,  Fisher,  Forkner,  French  of  Bladen,  French 
of  Chowan,,  Galloway,  Garrett,  George,  Glover,  Graham  of 
Orange,  Grant  of  Wayne,  Grant  of  Northampton,  Hare,  Har- 
ris of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Flalifax,  High- 
smith,  Hobbs,  Hodnett,  Hofner,  Hollowell,  Holt,  Hood,  Hy- 
man,  Jones  of  Caldwell,  King  of  Lincoln,  King  of  Lenoir, 
Kinney,  Laflin,  Lee,  Legg,  Lennon,  Logan,  Long,  Mann,  May, 
Mayo,  McCubbins,  Merritt,  McDonald  of  Moore,  Moore,  Mul- 
lican,  Murphy,  Nance,  Nicholson,  Petree,  Pierson,  Pool,  Pay, 
Read,  Rhodes,  Rich,  Robbins,  Rodman,  Sanderlin,  Stilly. 
Sweet,  Taylor,  Teague,  Tucker,  Turner,  Watts,  Williams  of 
Wake,  Williams  of  Sampson,  and  Williamson — 81. 

The  motion  did  not  prevail. 


1868.]  CONTENTION  JOURNAL.  307 

Mr.  French,  of  Chowan,  moved  to  amend  section  2d  by  ad- 
ding to  the  end  of  the  section  the  following  words  : 

"  But  in  no  one  year  shall  more  than  25  per  cent,  thereof 
be  appropriated  to  the  latter  purpose." 

Mr.  Abbott,  Chairman  of  the  Committee,  accepted  the 
amendment. 

Mr.  Candler  moved  to  amend  section  1st  by  striking  out 
the  word  "  two  "  in  line  ten,  and  insert  "  one  and  a  half." 

The  yeas  and  nays  were  demanded. 

The  amendment  was  lost,  yeas  35,  nays,  73. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Andrews,  Barnes,  Blume,  Bryan,  Carter,  Candler, 
Chillson,  Colgrove,  Congleton,  Duckworth,  Franklin,  French 
of  Rockingham,  Gahagan,  Garland,  George,  Graham  of  Mont- 
gomery, Gunter,  Harris  of  Wake,  Hayes  of  Robeson,  Heaton, 
Homer,  Ing,  May,  Mayo,  Marshall,  McDonald  of  Moore,  Mor- 
ton, Newsom,  Parker,  Parks,  Peterson,  Rose,  Smith,  Tourgee, 
and  Welker— 35. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Benbow,  Brad- 
ley, Carey,  Cherry,  Cox,  Daniel,  Dickey,  Dowd,  Ellis,  Eppes, 
Etheridge,  Fisher,  Forkner,  French  of  Bladen,  French  of 
Chowan,  Galloway,  Garrett,  Glover,  Graham  of  Orange, 
Grant  of  Wayne,  Grant  of  Northampton,  Hare,  Hay,  Hayes 
of  Halifax,  Highsmith,  Hobbs,  Hodnett,  Hollowell,  Holt, 
Hood,  Hyman,  Jones  of  Caldwell,  King  of  Lenoir,  Kinney, 
Laflin,  Lee,  Legg,  Lennon,  Logan,  Long,  Mann,  McCubbins, 
Merrit,  Moore,  Mullican,  Murphy,  Nance,  Nicholson,  Petree, 
Pierson,  Pool,  Ray,  Read,  Rhodes,  Rich,  Robbins,  Rodman, 
Sanderlin,  Stilly,  Stillwell,  Sweet,  Taylor,  Teague,  Tucker, 
Turner,  Watts,  Williams  of  Wake,  Williams  of  Sampson,  and 
Williamson — 73. 

The  section  as  read  was  adopted. 

Mr.  Tourgee  moved  to  amend  section  2d  by  striking  out  all 
after  the  word  "  education  "  in  second  line. 

The  motion  was  not  sustained. 

The  section  was  adopted. 

Mr.  Rodman  moved  to  amend  section  3d  bv  adding  i{  The 


308  CONVENTION  JOUPNAL.  [Session 

General  Assembly  may  also  tax  trades,  proiessions,  franchises 
and  incomes." 

The  amendment  was  sustained. 

The  section  as  amended  was  adopted. 

Mr  Tonrgee  offered  the  following  as  a  new  section  to  follow 
section  3d,  to  be  known  as  section  4th. 

"  The  General  Assembly  shall  by  appropriate  legislation 
and  by  adequate  taxation  provide  for  the  prompt  and  regular 
payment  of  the  interest  on  the  public  debt,  and  after  the  year 
1S80,  it  shall  lay  a  specific  annual  tax  upon  the  real  and  per- 
sonal property  of  the  State,  and  the  same  thus  realized  shall 
be  set  apart  as  a  sinking  fund  to  be  devoted  to  the  payment 
of  the  public  debt." 

Mr.  Hobbs  moved  to  strike  out  "  shall"  and  insert  "may." 

The  motion  was  not  sustained. 

The  new  section  as  read  was  adopted  as  section  4th. 

Sections  4th,  5th,  6th  and  7th  of  the  report  were  adopted. 

The  entire  report  as  amended  was  adopted  as  a  whole,  yeas 
83,  nays  15. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chilson,  Col- 
grove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,  Eppes, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French,  of 
Poekingham,  French  of  Chowan,  Fullings,  Gahagan,  Gallo- 
way, Garland,  George,  Grant  of  Northampton,  Gunter,  Harris 
of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Hobbs,  Hoffler,  Hollowell,  Hood,  Hyman,Ing,  Jones 
of  Caldwell,  Jones  of  Washington,  King  of  Lincoln,  Kinney, 
Laflin,  Legg,  Logan,  Long,  Mann,  May,  Mayo,  McCubbins, 
McDonald  of  Moore,  Mulliean,  Murphy,  Nance,  Nicholson, 
Parker,  Parks,  Petree,  Pierson,  Pool,  Pay,  Eead,  Phocles? 
Pich,  Pobbins,  Podman,  Pose,  Smith,  Stilwell,  Sweet,  Taylor, 
Teague,  Tourgee,  Tucker,  "Watts,  Williams  of  Wake,  and 
Williamson— 83. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Ellis,  Etheridge,  Graham  of  Orange^ 
Hare,  Hodnett,  King  of  Lenoir,  Lennon,  Merritt,  Moore,  Pe 


1868.]  CONTENTION  JOURNAL.  309 

terson,  Sanderlin,  Turner,  "Welker,  and  "Williams  of  Samp- 
son— 15. 

Mr.  Rich  introduced  an  ordinance  to  amend  the  Charter  of 
the  Chatham  Rail  Road  Company. 

Lies  over  under  the  rule. 

Leave  of  absence  was  granted  Mr.  Jones  of  "Washington,  for 
five  days. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  March  4th,  1868. 

The  Convention  was  called  to  order  at  1\  o'clock,  by  the 
President. 

The  Roll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Andrews,  Ashley,  Barnes,  Blume,  Bradley,  Bryan, 
Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox, 
Daniel,  Dickey,  Duckworth,  Fisher,  Franklin,  French  of  Bla- 
den, French  of  Chowan,  Gahagan,  Galloway,  George,  Gra- 
ham of  Montgomery,  Grant  of  "Wayne,  Grant  of  Northamp- 
ton, Gunter,  Hare,  Hay,  Hayes  of  Robeson,  Hayes  of  Hali- 
fax, Hobbs,  Hoclnett,  Hofner,  Holt,  Hood,  Hyman,  Ing,  Jones 
of  Caldwell,  King  of  Lincoln,  Kinney,  Laflin,  Legg,  Lennon, 
Logan,  Long,  Mann,  Mayo,  McCnbbins,  McDonald  of  Moore, 
Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Par. 
ker,  Parks,  Petree,  Peterson,  Pierson,  Ragiand  Ray,  Rhodes, 
Rich,  Rose,  Sanderlin,  Smith,  Stillwell,  Sweet,  Teague,  Tour- 
gee,  Turner,  "Welker,  and  "Williamson— 75. 

The  ordinance  on  Immigration  was  taken  up. 

The  substitute  of  Mr.  Candler  was  lost  by  the  following 
vote,  yeas  21,  nays  62  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bradley,  Candler,  Durham,  George,  Graham  of 
Orange,  Gunter,  Hollo  well,  Holt,  Jones  of  Caldwell,  Legg, 
Merritt,  McDonald  of  Chatham,  McDonald  of  Moore,  Nich- 
olson, Parker,  Ray,  Rhodes,  Rose,  Sanderlin,  Smith,  and 
Turner— 21. 


810  CONVENTION  JOURNAL.  [Session 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blnme, 
Bryan,  Carey,  Carter,  Chillson,  Colgrove,  Congleton,  Daniel, 
Eppes,  Forkner,  French  of  Bladen,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Graham 
of  Montgomery,  Grant  of  Northampton,  Hare,  Flay,  Hayes 
of  Robeson,  Hayes  of  Halitax,  Heaton,  Highsmith,  Hobbs, 
Hodnett,  Homer,  Flood,  Hyman,  Ing,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Lafiin,  Lee,  Logan,  Long,  Mann 
Mayo,  McCubbins,  Moore,  Morton,  Mullican,  Mnrphy,  Nance, 
Newsom,  Parks,  Peterson,  Pierson,  Ragland,  Rich,  Robbins, 
Stilwell,  Sweet,  Tonrgee  Welker,  and  Williamson — 62. 

The  ordinance  was  put  to  the  house  and  lost,  yeas  31,  and 
nays  67. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Blume,  Bryan, 
Carter,  Colgrove,  Forkner,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  Fullings,  Gahagan,  Graham  of 
Montgomery,  Grant  of  Wayne,  Flayes  of  Robeson,  Heaton, 
Hood,  Lafiin,  Logan,  Mann,  Marshall,  Morton,  Murphy, 
Nance,  Ragland,  Rich,  Sweet,  Tourgee,  and  Welker — 31. 

Those  who  voted  in  the  negative  are : 

Messrs.  Aydlott,  Bradley,  Carey,  Candler,  Cherry,  Chillson, 
Congleton,  Daniel,  Dickey,  Duckworth,  Durham,  Ellis, 
Eppes,  Etheridge,  French  of  Chowan,  George,  Graham  of 
Orange,  Grant  of  Northampton,  Gunter,  Flare,  Hay,  Hayes 
of  Llalifax,  Highsmith,  Hobbs,  Hodnett,  Homer,  Hollowell, 
ILolt,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington, 
King  ol  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Lennon,  Long, 
Mayo,  McCubbins,  Merritt,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Moore,  Mullican,  Nicholson,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Pool,  Ray,  Rhodes,  Robbins,  Rose, 
Sanderlin,  Smith,  Stilly,  Stilwell,  Taylor,  Teague,  Tucker, 
Turner,  Watts,  Williams  of  Sampson,  and  Williamson — 67. 

On  motion  of  Mr.  Tourgee,  the  vote  on  the  relief  ordinance 
introduced  by  Mr.  Rodman,  and  passed  by  the  Convention 
was  reconsidered  by  the  following  vote,  yeas  73,  nays  20. 

Those  who  voted  in  the  affirmative  are  : 


1868.]  CONTENTION  JOURNAL.  311 

Messrs.  Andrews,  Ashley,  Baker,  Barnes,  Bradley,  Bryan, 
Oarey,  Candler,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey, 
Dowd,  Duckworth,  Durham,  Ellis,  Eppes,  Etheridge,  Fork- 
ner,  Franklin,  French  of  Bladen,  French  of  Rockingham, 
Fullings,  Gahagan,  George,  Glover,  Graham  of  Orange, 
Grant  of  Wayne,  Grant  of  Northampton,  Hare,  Hams  of 
Wake,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hol- 
lowell,  Holt  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of 
Washington,  King  of  Lincoln,  King  of  Lenoir,  Kinney, 
Legg,  Logan,  Mayo,  Marshall,  McCubbins,  Murphy,  Nance, 
Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool, 
Ray,  Read,  Renfrow,  Rhodes,  Rose,  Smith,  Stilly,  Teague, 
Tourgee,  Tucker,  Welker,  Williams  of  Sampson,  and  Wil- 
liamson— 73. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Galloway,  Graham  of  Montgomery,  Gun- 
ter,  Hay,  Long,  Merritt,  McDonald  of  Chatham,  McDonald 
of  Moore,  Moore,  Morton,  Newsom,  Patrick,  Ragland,  Rich, 
Sanderlin,  Stilwell,  Swe'et,  Taylor,  and  Turner — 20. 

On  motion  of  Mr.  Pool,  the  ordinance  was  made  a  special 
order  for  Monday  next,  at  10|-  o'clock,  A.  M. 

Leave  of  absence  was  granted  Mr.  Gully  for  one  day. 

Mr.  Tourgee  presented  a  petition  for  divorce  in  favor  of 
Lavina  Lee. 

Referred  to  the  Committee  on  the  Judicial  Department. 

The  following  resolution  introduced  by  Mr.  Colgrove,  was 
taken  up : 

Itesolved,  That  no  member  shall  be  allowed  to  speak  more 
than  ten  minutes  on  any  one  subject  except  the  Chairman  of 
committees  who  may  be  allowed  to  speak  twice  on  their 
report,  and  we  request  the  Chair  to  enforce  this  rule. 

Mr.  King  of  Lenoir,  moved  to  strike  out  the  provision  in 
favor  of  Chairman  of  Committees. 

The  motion  was  not  sustained. 

Mr.  Tourgee  moved  to  amend  by  adding  after  the  word 
u  subject"  "  unless  by  consent  of  the  Llouse." 

Mr.  Colgrove  accepted  the  amendment. 

Mr.  King,  of  Lenoir,  moved  to  adjourn. 


312  CONTENTION  JOURNAL.  [Session: 

Put  to  the  House  and  lost. 

Mr.  Colgrove  called  the  previous  question   on  his  resolu- 
tion. 

The  resolution  as  amended  was  put  to  the  house  and  lost. 
On  motion  the  House  adjourned. 


THURSDAY,  March  5th,  1868, 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

The  Roll  was  called,  and  ninety-one  delegates  present,  vizr 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume,. 
Bradley,  Carey,  Carter,  Candler,  Cherry,  Colgrove,  Congleton,, 
Cox,  Daniel,  Duckworth,  Durham,  Eppes,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Galloway,  Garland,  Garrett,  George,  Graham  oi 
Montgomery,  Grant  of  Wayne,  Grant  of  Northampton,  Gun- 
ter,  Hare,  Harris  of  Franklin,  Hay,  Hayes  of  Halifax,  High- 
smith,  Hobbs,  Hodnett,  Hoffler,  Hood,  Hyman,  Ing,  King  of 
Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg,  Lennonr. 
Logan,  Long,  Mayo,  Marshall,  McCubbins,  Merritt,  McDonald 
of  Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican^ 
Murphy,  Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree,. 
Peterson,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Robbins,,, 
Rodman,  Rose,  Sanderlin,  Smith,  Stilwell,  Taylor,  Teague, 
Tourgee,  Trogden,  Tucker,  Turner^  Watts,  Welker,  Williams 
of  Sampson,  Williams  of  Wake  and  Williamson — 91. 

Prayer  by  the  Rev.  Mr.  Eppes. 

The  Journal  of  Wednesday  was  read  and  approved. 

Mr.  French,  of  Bladen,  gave  notice  that  he  would  introduce 
a  new  section  to  the  Suffrage  Bill. 

The  Committee  on  Contingent  Expences  report  that  they 
have  examined  the  account  of  Solomon  Bragg,  amounting  to 
six  dollars,  and  recommend  the  payment  of  the  same. 

R.  W.  KING, 
J.  W.  HOOD, 
L.  C.  MORTON. 


1868.]  CONTENTION  JOURNAL.  313 

The  report  was  adopted. 

Mr.  Chillson  presented  an  ordinance  to  establish  a  Home- 
stead. 

Referred  to  the  Committee  of  Sixteen. 

The  Committee  appointed  to  consider  the  propriety  of  peti- 
tioning Congress  in  regard  to  reducing  the  Tax  on  Tobacco,. 
&c,  reported  as  follows: 

The  Committee  appointed  to  consider  the  propriety  of  peti- 
tioning Congress  in  regard  to  the  Internal  Revenue  Tax  ort 
Tobacco  and  Brandy,  beg  leave  to  submit  the  accompanying 
preamble  and  resolutions,  and  respectfully  ask  the  immediate 
action  of  the  Convention  thereon. 

R.  F.  PETEEE, 
J.  S.  McCUBBINS, 
JOHN  READ. 

Whereas,  The  present  tax  on  manufactured  tobacco  is 
onerous  and  burdensome  in  the  extreme,  impairing  the  pros- 
perity and  crippling  the  business  of  a  large  portion  of  this- 
State  ;  and  whereas,  The  said  tax  is  peculiarly  burdensome 
upon  the  laborers  of  that  portion  of  the  State,  depressing  the 
rate  of  wages,  and  decreasing  the  number  of  laborers  em- 
ployed ;  therefore, 

Be  it  resolved,  That  this  Convention  do  respectfully  request 
and  petition  the  Congress  of  the  United  States  in  considera- 
tion of  the  tax  aforesaid,  upon  the  industry  of  the  State  to  re- 
duce the  tax  upon  all  manufactured  tobacco  to  ten  cents  per 
pound,  and  that  of  spirits  distilled  from  fruit  to  fifty  cents- 
per  gallon,  believing,  thereby,  that  the  government  would 
realize  a  larger  amount  of  revenue, 

Resolved,  That  the  President  of  this  Convention  be  directed 
to  forward  a  copy  of  these  resolutions  to  the  President  oi  the- 
United  States,  Senate,  and  the  Speaker  of  the  House  of  Re- 
presentatives. 

The  report  was  accepted. 

On  motion,  the  report  of  the  Committee  on  Privileges  and 
Elections,  accepted  Wednesday,  was  taken  up  and  discussed. 

The  previous  question  was  called.. 


314  CONVENTION  JOUKNAL.  [Session 

The  report  was  adopted,  yeas  43,  nays  35. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Bryan,  Carter,  Candler,  Chill  son, 
Colgrove,  Congleton,  Dickey,  Duckworth,  Fisher,  Forkner, 
Franklin,  Fullings,  Gahagan,  Garland,  Garrett,  Glover,  Gra- 
ham of  Montgomery,  Gunter,  Harris  of  Wake,  Harris  of 
Franklin,  Hayes  of  Robeson,  Flighsmith,  Flobbs,  Hood,  Ing, 
Lee,  Logan,  Mann,  May,  Marshall,  Morton,  Newsom,  Pierson, 
Rhodes,  Rose,  Smith,  Stilwell,  Sweet,  Teague,  Tourgee  and 
Tucker— 43. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Bradley,  Daniel,  Durham,  Ellis,  Eppes, 
Etheridge,  French  of  Bladen,  Graham  of  Orange,  Grant  of 
Wayne,  Hare,  Hodnett,  Hollo  well,  Holt,  Hyman,  Jones  of 
Washington,  King  of  Lenoir,  Kinney,  Laffin,  Legg,  Lennon, 
Long,  Merritt,  McDonald  of  Chatham,  -Moore,  Murphy, 
Nicholson,  Patrick,  Parks,  Ray,  Read,  Renfrow,  Sanderlin, 
Stilly  and  Welker— 35. 

On  motion  of  Mr.  Tourgee,  Mr.  Williams,  of  Sampson, 
was  allowed  his  per  diem  to  this  day  inclusive,  together  with 
his  mileage. 

The  hour  of  the  Special  Order  having  arrived,  the  follow- 
ing report  was  taken  up  and  passed  its  first  reading : 

REPORT  OF  THE  COMMITTEE  ON  COUNTIES, 
CITIES,  TOWNS  AND  TILLAGES,  THEIR  OFFI- 
CERS, ORGANIZATION,  GOVERNMENT  AND 
POWERS. 

Section  1.  No  County  seat  shall  be  changed,  nor  any  new 
County  organized,  nor  the  boundaries  of  any  County  changed, 
but  by  the  consent  of  a  majority  of  the  electors  of  the  County, 
nor  so  as  to  include  less  than  one  hundred  and  twentieth  part 
of  the  population  of  the  State,  at  the  last  preceeeding  enumer- 
ation. 

Sec.  2.  In  each  County  there  shall  be  elected  biennially  by 
the  qualified  voters  thereof,  as  provided  for  the  election  ol 
members  of  the  General  Assembly,  the  following  municipal 


1868.]  CONVENTION  JOURNAL.  315 

officers  :  a  Sheriff,  one  or  more  Coroners,  Treasurer,  Register 
of  Deeds,  Surveyor  and  five  Commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  Commissioners  to  exer- 
cise a  general  supervision  and  control  of  the  penal  and  chari- 
table institutions,  schools,  roads,  bridges,  levying  of  taxes  and 
finances  of  the  County,  as  may  be  prescribed  by  law.  The 
Register  of  Deeds  shall  be  ex  officio  Clerk  of  the  Board  of 
Commissioners 

Sec.  4.  It  shall  be  the  duty  of  the  Commissioners  first  elected 
in  each  County,  to  divide  the  same  into  convenient  districts, 
to  determine  the  boundaries  and  prescribe  the  names  of  the 
said  districts,  and  report  the  same  to  the  General  Assembly 
before  the  first  day  of  January,  A.  D.  1869. 

Sec  5.  Upon  the  approval  of  the  reports  provided  for  in  the 
foregoing  section,  the  said  districts  shall  have  and  shall  there- 
after possess  corporate  powers  for  the  necessary  purposes  of 
local  government,  and  shall  be  known  as  townships. 

Sec  6.  In  each  township  there  shall  be  annually  elected,  by 
the  qualified  voters  thereof,  a  Clerk  and  two  Justices  of  the 
Peace,  who  shall  constitute  a  Board  of  Trustees,  and  shall, 
under  the  supervision  of  the  County  Commissioners,  have 
control  of  the  schools,  roads,  and  finances  of  the  township  as 
may  be  prescribed  by  law. 

Sec  7.  The  township  Clerk  shall  assess  the  taxable  property 
of  his  township,  and  make  return  to  the  County  Commission- 
ers as  may  be  prescribed  by  law. 

Sec  8.  No  County,  city,  town,  or  other  political  corporation 
shall  contract  any  debt,  pledge  its  faith  or  loan  its  credit,  nor 
shall  any  tax  be  levied  or  collected  by  any  officers  of  the  same, 
except  for  the  necessary  expenses  thereof,  unless  by  a  vote  of 
a  majority  of  the  qualified  voters  therein. 

Sec  9.  All  taxes  levied  by  any  County,  city,  town,  or 
township,  shall  be  uniform  and  ad  valorem  upon  all  property 
in  the  same. 

Sec  10.  Commissioners  of  incorporated  cities  and  towns 
may  be  authorized  to  act  as  Boards  of  Education  for  the 
same. 

Sec  11.  The  officers  first  elected  under  the  provisions  of 


316  CONTENTION  JOURNAL.  [Session 

this  Article  shall  enter  upon  their  duties  ten  days  after  the 
approval  of  this  Constitution  by  the  Congress  of  the  United 
States. 

Sec.  12.  The  Governor  shall  appoint  a  sufficient  number  of 
Justices  of  the  Peace  in  each  County,  who  shall  hold  their 
places  until  sections  4,  5,  and  6  of  this  Article  shall  have  been 
carried  into  effect. 

Sec.  13.  All  charters,  ordinances  and  provisions  relating  to 
political  corporations  shall  remain  in  force  until  legally 
changed,  unless  inconsistent  with  the  provisions  of  this  Con- 
stitution. 

A.  W.  TOURGEE,  Chairman. 
ED.  FULLINGS, 
ABRAHAM  CONGLETON, 
HENRY  M.  RAY, 
JESSE  HOLLOWELL, 

A.  H.    GALLOWAY, 
JACOB  ING, 

J.  P.  ANDREWS, 
J.  S.  McCUBBINS, 
M.  J.  AYDLOTT, 
S.  D.  FRANKLIN, 

B.  LAFLIN. 


The  undersigned  members  of  the  Committee  respectfully 
report  the  following  additional  section. 

Sec  14.  No  County,  city,  town  or  other  political  corpora- 
tion, shall  assume  or  pay,  nor  shall  any  tax  be  levied  or  col- 
lected for  the  payment  of  any  debt,  or  the  interest  upon  any 
debt  contracted  directly  or  indirectly  in  aid  or  support  of  the 

rebellion. 

A.  W.  TOURGEE, 
HENRY  M.  RAY, 
ABRAHAM  CONGLETON, 

A.  H.  GALLOWAY, 
JACOB  ING, 

S.  D.  FRANKLIN, 
J.  P.  ANDREWS, 

B.  LAFLIN. 


1868.]  CONVENTION  JOURNAL.  317 

On  second  reading,  section  1st  was  adopted. 

Mr.  Graham,  of  Orange,  moved  to  amend  section  2d  by 
striking  out  "  and  five  Commissioners,"  on  fifth  line. 

Mr.  French,  of  Bladen,  moved  to  amend  by  striking  ©nt 
"five,"  and  inserting  "  three." 

The  amendments  of  Messrs.  French,  of  Bladen,  and  Gra- 
ham, of  Orange,  were  put  the  House  and  lost. 

Sections  2d,  3d  and  4th  were  adopted. 

Mr.  Tourgee  amended  section  5th  by  inserting  the  words, 
"  by  the  General  Assembly,"  after  the  word  "  section." 

The  section,  as  amended,  was  adopted. 

Section  6th  was  amended  by  Mr.  Tourgee,  by  striking  out 
"  schools,"  and  inserting  "  taxes ;"  also,  by  inserting  "  bridges," 
after  "  roads  ;"  also,  by  adding  to  the  section  "  also  a  school 
committee  of  three  persons,  whose  duties  shall  be  prescribed 
by  law." 

Mr.  Colgrove  amended  by  striking  out  "  annually,"  and 
inserting  "biennially." 

The  section,  as  amended,  was  adopted. 

The  Chairman  of  the  Committee  amended  section  7th,  by 
adding  to  the  section,  "  the  Clerk  shall  also  be  ex  officio  Treas- 
urer of  the  township." 

Mr.  French,  of  Bladen,  moved  to  amend  by  inserting 
"  Board  of  Trustees,"  for  "  Clerk,"  and  changing  the  word 
"  his,"  to  "  their," 

Which  was  adopted. 

After  "  Commissioners,"  on  motion  of  Mr.  Nicholson,  "  for 
revision,"  was  inserted. 

Section  7th,  as  amended,  was  adopted. 

Section  8th  was  verbally  amended  and  adopted. 

Mr.  Heaton  offered  the  following  as  a  new  section,  to  fol- 
low section  8th  : 

"  No  money  shall  be  drawn  from  any  County  or  Township 
Treasury,  except  by  authority  of  law." 

Adopted. 

Section  9th  was  adopted. 

Section  10th  was,  on  motion,  stricken  out, 


318  CONTENTION  JOURNAL.  [Session 

Section. I lth  was  amended  by  Mr.  Tourgee,  by  inserting 
the  word  "  County,"  between  "  the  and  officers,"  on  line  first. 

The  section,  as  amended,  was  adopted. 

Section  12th  was  adopted. 

Section  13th  was  read,  when  Mr.  King,  of  Lenoir,  moved 
the  following  substitute : 

"  The  General  Assembly  shall  have  the  power  to  change, 
alter,  or  abolish  any  portion,  or  all  of  the  foregoing  report, 
and  to  transfer  all  subjects  therein  contained,  to  the  Justices 
of  the  Peace  of  each  County  in  the  State." 

The  yeas  and  nays  were  demanded,  which  resulted  as  fol- 
lows, yeas  12,  nays  81 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bradley,  Durham,  Ellis,  Etheridge,  Graham  of 
Orange,  Hare,  ITobbs,  Hodnett,  Hoffler,  Jones  of  Caldwell, 
King  of  Lenoir  and  Merritt — 12. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Blume,  Bryan, 
Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congle- 
ton,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  French  of 
Chowan,  Gahagan,  Garland,  Garrett,  George,  Glover,  Graham 
of  Montgomery,  Grant  of  Wayne,  Grant  of  Northampton, 
Gunter,  Harris  of  Franklin,  Hay,  Hayes  of  Halifax,  Heaton, 
Highsmith,  Hollo  well,  Flood,  Hyman,  Ing,  Kinney,  Legg, 
Logan,  Long,  May,  Mayo,  Marshall,  McDonald  of  Chatham, 
Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nicholson, 
Parker,  Parks,  Petree,  Peterson,  Pool,  Ragland,  Pay,  Ren- 
frew, Rhodes,  Robbins,  Rodman,  Rose,  Smith,  Stilly,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner, 
Watts,  Welker,   Williams  of  Wake,  and  Williamson — 81. 

The  substitute  was  lost. 

Section  13th  was  then  adopted. 

Section  14th  was  taken  up. 

The  Chairman  of  the  Committee  amended  by  striking  out 
"political,"  and  inserting  "municipal." 

Mr.  Parker  moved  to  strike  out  "  or  indirectly,"  on  line 
fourth. 


1868.]  CONVENTION  JOURNAL.  319 

On  this  amendment  the  yeas  and  nays  were  called,  yeas  15, 
nays  75. 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Baker,  Bradley,  Dowd,  Durham,  Fullings,  George, 
Graham  of  Orange,  Hare,  Hollowell,  Legg,  Lennon,  McCub- 
bins,  Nicholson,  Rodman  and  Sanderlin — 15. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Barnes,  Blume,  Bryany 
Carey,  Carter,  Candler,  Chillson,  Colgrove,  Congleton,  Cox, 
Daniel,  Dickey,  Duckworth,  Etheridge,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Galloway,  Garland,  Glover,  Graham  of  Mont 
gomery,  Grant  of  Wayne,  Gunter,  Harris  of  Franklin,  Hayes 
of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  Ing, 
King  of  Lenoir,  Kinney,  Logan,  May,  Mayo,  Marshall,  McDon- 
ald of  Chatham,  McDonald  of  Moore,  Morton,  Mullican, 
Murphy,  Nance,  Patrick,  Parker,  Parks,  Petree,  Peterson^ 
Pool,  Ragland,  Ray,  Renfrow,  Rhodes,  Robbins,  Rose,  Smith, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake  and  Wil- 
liamson— 75. 

The  amendment  was  not  agreed  to. 

Section  14th,  as  amended,  was  adopted  by  the  following 
vote,  yeas  85,  nays  5  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Blume,  Bryan, 
Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congle- 
ton, Cox,  Daniel,  Dickey,  Duckworth,  Eppes,  Etheridge, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of 
Rockingham,  Fullings,  Gahagan,  Galloway,  Garland,  George, 
Glover,  Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of 
Northampton,  Gunter,  Harris  of  Franklin,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell, 
Hood,  Hyman,  Ing,  King  of  Lenoir,  Kinney,  Logan,  Long, 
May,  Mayo,  Marshall,  McDonald  of  Chatham,  Morton,  Mul- 
lican, Murphy,  Nance,  Patrick,  Parker,  Parks,  Petree,  Peter- 
son, Pool,  Ragland,  Ray,  Renfrow,  Rhodes,  Robbins,  Rodman, 
Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague,   Tour- 


,880  •CONTENTION  JOURNAL.  [Session 

gee,    Trogden,  Tucker,  Turner,  Watte,  Welker,  Williams  of 
Wake  and  Williamson— 85. 

Those  who  voted  in  the  negative  are  ; 

Messrs.  Baker,  Dowd,  Durham,  Graham  of  Orange  and 
McCuhbins— -5-k 

The  entire  report,  as  amended,  passed  the  second  reading 
by  the  following  vote,  yeas  83,  nays  10 : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Blume, 
Bryan,  Carey,  Carter,  Candler,  Chillson,  Colgrove,  Congleton, 
Cox,  Daniel,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Fallings,  Gahagan,  Galloway,  Garland,  George, 
Glover,  Graham  of  Montgomery,  Grant  of  Wayne,  Grant  of 
Northampton,  Gunter,  Hay,  Hayes  of  Robeson,  Heaton5 
Highsmith,  Hobbs,  Hoffler,  Hollowell,  Hyman,  Ing,  Jones  of 
Caldwell,  Kinney,  Logan,  Long,  May-,  Mayo-,  Mashall,  Mc- 
Donald of  Chatham,  McDonald  of  Moore,  Morton,  Mullican, 
Murphy,  Nance,  Patrick,  Parker,  Parks,  Petree,  Peterson, 
Pool,  Ragland,  Ray,  Renfrow,  Rhodes,  Robbins,  Rodman, 
Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee, 
Trogden,  Tucker,  Turner,  Watts,  Welker,  Williams  of  Wake 
and  Williamson — 83. 

Those  who  voted  in  the  negative,  are  ; 

Messrs.  Baker,  Bradley,  Dowel,  Durham,  Ellis,  Etheridge5 
Graham   of  Orange,  Hare,  Merritt  and  Sanderlin— 10, 

On  motion  of  Mr.  Welker  the  report  of  the  Committee  on 
penal  institutions  &c,  was  made  a  special  order  for  Saturday 
at  7|-  o'clock. 

The  report  of  the  Committee  on  Contingent  expenses  on 
account  of  Soloman  Bragg  was, 

On  motion,  adopted. 

On  motion  of  Mr.  Tourgee,  it  was  ordered  that  the  report 
of  the  Committee  on  Counties,  Cities,  Towns.,  &c,  be  placed 
on  its  third  and  final  reading  and  passage,  Saturday  at  10^- 
o'clock,  A.  M. 

On  motion  of  Mr.  Abbott,  the  report  of  the  Committee  on 
Finance  was  made  a  special  order  to  follow  the  above  report* 


I868.3  CONTENTION  JOURNAL.  321 

On  motion  of  Mr.  Rodman,  the  report  of  the  Judicial  Com- 
mittee was  made  a  special  order  for  Friday  at  7^  o'clock. 

Mr,  McDonald  of  Chatham,  called  up  his  ordinance  in  re' 
lation  to  the  Sheriff  of  Orange  County,  which, 

On  motion,  was  adopted. 

The  following  is  the  ordinance  as  adopted,  with  the  report 
of  the  Committee  to  whom  it  was  referred  : 

The  Committee  to  whom  was  referred  the  ordinance  for 
the  relief  of  the  Sheriff  of  Orange  County  have  had  the  same 
under  consideration,  and  as  a  substitute  therefor  instruct  me 
to  submit  the  following  ordinance  and  ask  that  it  be  adopted. 

JOHN  A.  McDONALD,  Chairman. 

AN    ORDINANCE    FOR    THE    RELIEF    OF    THE 
SHERIFF  OF   ORANGE   COUNTY. 

Whereas,  The  Sheriff  of  Orange  County  was  delinquent 
in  paying  a  portion  of  the  taxes  for  1866,  and  judgment  was 
obtained  against  him  by  the  State  for  said  balance,  one  thou- 
sand dollars  penalty,  and  no  commissions  for  collecting  were 
allowed  him,  which  commissions,  if  allowed,  would  have 
amounted  to  two  hundred  and  sixty-seven  dollars  and  ninety- 
eight  cents;  and  whereas,  all  the  taxes  due  the  State  for  that 
year  have  since  been  paid,  including  said  penalty  and  com- 
missions, and  owing  to  the  extraordinary  poverty  of  the  peo- 
ple and  difficulty  of  collections,  in  the  opinion  of  this  Conven- 
tion relief  should  be  granted  said  Sheriff  : 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina, 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  the  said  Hugh  B.  Guthrie,  Sheriff 
•of  Orange  County,  be  allowed  the  sum  of  one  thousand, 
two  hundred  and  sixty-seven  dollars  and  ninety-eight  cents, 
($1,267,98,)  to  be  credited  upon  any  taxes  still  owing  by 
said  Sheriff,  in  the  order  of  the  dates  wherein  the  same  were 
due. 

Mr.  Fullings  introduced  an  ordinance  to  incorporate  the 
*'  Charlotte  City  Hall  Association." 

Referred  to  the  Committee  of  seventeen, 
-51 


322  CONTENTION  JOTJKNAL.  [Session 

Mr.  Harris,  of  Wake  called  up  his  resolution  in  relation  to 
the  pay  of  members,  which, 

.On  motion,  was  adopted 

Mr.  Rodman  introduced  an  ordinance  extending  the  time 
for  the  registration  of  deeds. 

Lies  over  under  the  rules. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  March  5tii,  1868. 

The  Convention  was  called  to  order  at  T\  o'clock,  by  the 
President. 

A  quorum  present. 

Mr.  Ashley  introduced  a  resolution  providing  for  the  elec- 
tion of  a  printer  to  the  Convention. 

Lies  over  under  the  rules. 

The  report  of  Committee  on  Homesteads  being  the  special 
order  for  the  same,  was  taken  up  on  its  second  reading. 

Sections  2d,  3d,  4th  and  5th  were  read  and  adopted. 

Mr.  Jones,  of  Caldwell,  moved  an  amendment  to  section  6th, 
"  that  the  husband  may  insure  his  life  for  the  benefit  of  hi3 
wife  and  children  free  of  all  claims,"  &c. 

The  amendment  was  agreed  to  and  the  section  as  amended 
was  adopted. 

Mr.  Hood  offered  an  additional  section  providing  for  the 
sale  or  disposal  of  a  homestead. 

Adopted. 

Mr.  Jones,  of  Caldwell,  gave  notice  of  a  reconsideration  of 
the  vote  by  which  section  2d  was  adopted. 

The  report  as  amended,  passed  its  second  reading  by  the 
following  vote,  yeas  76,  nays  18. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Blume, 
Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove,  Congleton, 
Daniel,  Dowd,  Etheridge,  Fisher,  Franklin,  French  of  Bladen, 
French  of  Chowan,  Fullings,  Galloway,  George,  Graham  of 
Montgomery,  Graham  of  Orange,  Grant  of  Wayne,  Grant  of 


1868.]  CONTENTION  JOURNAL.  323 

Northampton,  Gully,  Gimter,  Harris  of  Wake,  Harris  of 
Franklin,  Hay,  Highsmith,  Plobbs,  Hoffler,  Hollowell,  Holt, 
Hood,  Hyman,  Jones  of  Caldwell,  Kinney,  Lee,  Long,  Mayo, 
Marshall  McCubbins,  Merritt,  McDonald  of  Chatham,  Mc- 
Donald of  Moore,  Moore,  Morton,  Murphy,  Nance,  Newsom, 
Nicholson,  Patrick,  Parks,  Petree,  Peterson,  Pool,  Ragland, 
Read,  Renfrow,  Rich,  Robbins,  Smith,  Stilly,  Stilwell,  Sweet, 
Taylor,  Tourgee,  Tucker,  Turner,  Watts,  Welker,  and  Wil- 
liamson— 76. 

Those  who  voted  in  the  negative  are  i 

Messrs.  Benbow,  Bradley  Candler,  Cox,  Duckworth,  Ellis, 
Forkner,  Gahagan,  Glover,  Hayes  of  Halifax,  King  of  Lin- 
coln, Lennon,  Logan,  Parker,  Ray,  Rhodes,  Rose,  and 
Teague— 18. 

On  motion  the  report  was  ordered  to  be  engrossed  and 
made  a  special  order  for  a  third  and  final  reading  and  passage 
for  Friday  at  %  o'clock,  P.  M. 

The  following  resolution  of  Mr.  Forkner,  limiting  debate 
was  taken  up  for  action  : 

Resolved,  That  no  delegate  shall  speak  more  than  once  on 
a  question  nor  longer  than  fifteen  minutes  except  it  be  by 
consent  of  Convention. 

Mr.  Hood  moved  to  strike  out  "  fifteen  "  and  insert  "  ten." 

Adopted. 

The  resolution  as  amended  was  adopted. 

Mr.  Ashley  called  up  the  report  of  the  Committee  on  Prin- 
ting, 

Pending  which,  the  House 

On  motion,  adjourned. 


FRIDAY,  Maech  6th,  1868. 
The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Warwick. 

The  Roll  was  called,  a  quorum  present. 

The  Journal  of  Thursday  was  read  and  approved. 


324  CONVENTION  JOURNAL.  [Session 

Leave  of  absence  was  granted  Messrs.  Tourgee  and  Gallo- 
way until  Monday  next. 

Messrs.  Ray  and  Holt  presented  petitions  of  divorce. 

Mr.  Turner  a  resolution  instructing  the  Committee  on  In- 
ternal Improvements. 

The  following  report,  from  the  Committee  on  the  Judicial 
Department,  was  received  : 

"  The  Committee  on  the  Judicial  Department,  to  whom 
was  referred  a  petition  from  sundry  citizens  of  Wilmington 
respecting  property  purchased  by  slaves,  respectfully  report 
an  ordinance  in  conformity  with  the  views  of  the  petitioners : 

"  Be  it  ordained  by  the  people  of  Worth-Carolina  in  Con- 
vention assembled,  That  whenever  it  shall  judicially  appear 
that  any  person,  while  held  as  a  slave,  purchased  and  paid  for 
any  property,  real  or  personal,  and  that  a  conveyance  thereof 
was  made  to  him  or  to  any  one  for  his  use,  such  purchaser,  or 
those  lawfully  representing  him,  shall  be  entitled  to  such  pro- 
perty ;  anything  in  the  former  laws  of  this  State  forbidding 
slaves  to  acquire  property  to  the  contrary  notwithstanding. 

All  of  which  is  respectfully  submitted, 

¥M.  B.  RODMAN,  Chairman:' 

On  the  adoption  of  this  report  the  yeas  and  nays  were 
called. 

The  report  was  adopted  by  the  following  vote — yeas  101. 
nays  4. 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Chillson,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duck- 
worth, Ellis,  Eppes,  Etlieridge,  Fisher,  Forkner,  Franklin, 
French  of  Bladen,  French  of  Rockingham,  French  oi  Chowan. 
Fnllings,  Gahagan,  Galloway,  Garland,  Garrett,  George. 
Glover,  Graham  of  Montgomery,  Gully,  Gunter,  Hare,  Har- 
ris of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robe- 
son, Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hod- 
nett,  Hoffler,  Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Cald- 
well, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee. 


1868.]  CONVENTION  JOURNAL.  325 

Logan,  May,  Mayo,  Marshall,  McCubbins,  McDonald  of 
Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican 
Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks,  Petree 
Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrew 
Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Stilly,  Stilwell,  Sweet 
Taylor,  Teague,  Tourgee,  Trogclen,  Tucker,  Watts,  Welker 
"Williams  of  Wake   and  Williamson — 101. 

Those  who  voted  in  the  negative  are : 

Messrs.  Durham,  Graham  of  Orange,  Holt  and  Turner — 4. 

The  Judicial  Committee  also  reported  as  follows  : 

The  Committee  on  the  Judicial  Department  respectfully 
report  the  annexed  ordinance,  and  recommend  its  passage  : 

AN  ORDINANCE  CONCERNING  WIDOWS  WHO 
HAVE  QUALIFIED  AS  EXECUTRIX  TO  THE  LAST 
WILL  AND  TESTAMENT  OF  THEIR  DECEASED 
HUSBANDS. 

Section  1.  Be  it  ordained  by  the  delegates  of  the  people  of 
North-Carolina  in  Convention  assembled,  and  it  is  hereby  or- 
dained by  the  authority  of  the  same,  That  the  widow  of  any 
testator  whose  last  will  and  testament  has  been  admitted  to 
probate  in  this  State  since  the  1st  day  of  January,  1862,  and 
before  the  1st  day  of  May,  1865,  notwithstanding  such  widow 
may  have  qualified  to  such  last  will  and  testament  as  execu- 
trix, be  and  she  is  hereby  allowed  to  enter  her  dissent  to  the 
same  according  to  the  same  forms  as  are  now  provided  by  law 
for  dissent  of  widows. 

Sec.  2.  Be  it  further  ordained,  That  in  all  cases,  where  a 
widow  shall  dissent  from  the  last  will  and  testament  of  her 
husband,  as  provided  for  in  the  foregoing  section,  she  shall  be 
entitled  to  the  same  rights  of  dower  as  if  her  husband  had 
died  intestate  :  Provided,  however,  That  no  widow  shall  be  en- 
titled to  the  benefit  of  this  ordinance  unless  such  dissent  shall 
be  entered  within  six  months  from  and  after  the  passage  of 
this  ordinance,  nor  in  any  case  where  the  real  estate  of  the 
deceased  husband  has  been  sold  subsequent  to  his  death,  or 
has  been  divided  between  his  devisees  or  heirs  at  law. 


326  CONVENTION  JOURNAL.  [Session 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  adoption. 

The  report  was  received,  and  the  ordinance  was, 

On  motion,  adopted. 

The  Committee  on  Internal  Improvements,  to  whom  was 
referred  the  ordinance  in  relation  to  the  Dan  River  and  Coal- 
held  Railroad  Company,  reported  that  they  have  had  the 
same  under  consideration,  and  recommend  its  passage. 

The  report  was  received  and  adopted. 

The  ordinance  is  as  follows  : 

AN    ORDINANCE    TO    INCORPORATE    THE    DAN 
RIVER  COAL  FIELD  RAIL  ROAD  COMPANY. 

Section  1.  Be  it  orclainedly  the  people  of  North-  Carolina  in 
Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  a  Company  by  the  name  and  style 
of  the  "  Dan  River  Coalfield  Rail  Road  Conrpany  "  be  and  the 
same  is  hereby  incorporated,  with  a  capital  stock  of  twelve 
hundred  and  fifty  thousand  dollars,  divided  into  shares  of 
one  hundred  dollars  each,  for  the  purpose  of  constructing  a 
Rail  Road  from  some  point  on  the  Virginia  line,  near  the  town 
of  Danville,  in  Virginia,  to  the  Coalfields  of  Dan  River. 

Sec.  2.  Be  it  further  ordained,  That  for  the  purpose  of 
increasing  the  capital  stock  of  said  Company  heretofore  sub- 
scribed, and  renewing  and  sealing  all  former  subscriptions 
to  said  Company,  the  following  persons  be  and  are  hereby 
appointed  general  Commissioners,  viz  :  John  W.  Broadnax, 
President,  George  L.  Akin,  Jones  Burton,  Wm.  Carter,  J. 
Turner  Morehead,  Gen.  Alfred  M.  Scales,  Marshall  Black, 
Wm.  A.  Lash,  Benj.  Baley,  Andrew  II.  Joyce,  Reubin  D. 
Golding,  Joseph  Willis,  Robert  Matthews,  Wm.  W.  McCan- 
lass  and  James  Davis,  whose  duty  it  shall  be  to  direct  the 
opening  of  books  for  subscription  of  stock  at  such  times  and 
places  and  under  such  persons  as  they,  or  a  majority  of  them, 
may  deem  proper;  and  said  general  Commissioners  may  have 
power  to  appoint  a  Chairman  of  their  body,  Treasurer,  and 
all  other  officers  their  organization  may  recpuire,  and  to  sue 


1-868.]  CONVENTION"  JOURNAL.  327 

for  and  recover  all  lands  and  sums  of  money  that  ought,  under 
this  act,  be  recovered  by  them. 

Sec.  3.  Be  it  further  ordained,  That  all  persons  who  may 
be  hereafter  by  the  general  commissioners  authorized  to  open 
books  of  subscription,  may  do  so  at  any  time  after  the  ratifi- 
cation of  tliis  act,  upon  giving  twenty  days  notice  of  the 
time  and  place  when  said  books  will  be  opened,  and  sai-d 
books  shall  be  kept  open  for  the  space  of  thirty  days  at 
least,  and  as  long  thereafter  -as  the  general  commissioners 
shall  direct;  and  that  all  subscriptions  of  stock  shall  be  in 
shares  of  one  hundred  dollars  in  money  or  its  value  in  land, 
the  subscriber  paying  at  the  time  of  making  his  subscription 
five  dollars  or  each  share  by  him  subscribed  to  the  person  or 
persons  authorized  to  reeeive  such  subscriptions ;  and  in  case 
of  failure  to  pay  said  sum  all  such  subscriptions  shall  be  void 
and  of  no  effect;  and  upon  closing  the  books  all  such  sums 
as  shall  have  been  thus  received  of  subscribers  on  the  first 
cash  or  land  instalment,  shall  be  paid  over  to  the  general 
commissioners  by  the  persons  receiving  the  same;  and  in  case 
of  failure  to  pay  as  aforesaid  such  person  or  persons  receiving 
said  money  or  lands  shall  be  personally  liable  to  said  general 
commissioners,  before  the  organization  of  said  Company,  and 
to  the  Company  itself  after  the  organization,  to  be  recovered 
in  the  Superior  Courts  of  Law  within  this  State  in  the  County 
where  such  delinquent  resides,  or  if  he  resides  in  another 
State,  then  in  any  court  in  such  State  having  competent 
jurisdiction.  The  general  commissioners  shall  have  power  to 
call  on  all  persons  empowered  to  receive  subscriptions  of 
stock  at  any  time,  and  from  time  to  time,  as  a  majority  of  them 
may  think  proper,  to  make  a  return  of  the  stock  by  them  re- 
spectively received,  and  to  make  payment  of  all  lands  or  sums 
of  money  paid  by  subscribers;  that  all  persons  receiving 
subscriptions  of  stock  shall  pass  a  receipt  to  the  subscriber 
or  subscribers  for  the  payment  of  the  first  instalment,  as  here- 
tofore required  to  be  paid ;  and  upon  their  settlement  with 
the  general  commissioners  as  aforesaid,  it  shall  be  the  duty  of 
said  general  commissioners  in  like  manner  to  pass  their  receipt 
for  all  sums  thus  received  to  the  person  from  whom  received, 


328  CONTENTION  JOUKNAL.  [Session 

and  sucli  receipt  shall  be  taken  and  held  to  he  good  and 
sufficient  vouchers  to  the  persons  holding  them  ;  that  subscrip- 
tions of  stock  may  be  received  as  aforesaid,  or  as  hereinafter 
provided  for,  to  the  amount  of  twelve  hundred  and  fifty  thou- 
sand dollars, 

Sec.  4.  Be  it  further  ordained..  That  it  shall  be  the  duty 
of  said  general  commissioners  to  direct  and  authorize  said, 
books  of  subscription  to  be  kept  open  until  the  sum  of  fifty 
thousand  dollars  at  least  shall  be  subscribed  in  the  manner 
aforesaid,  and  as  soon  as  the  sum  of  fifty  thousand  dollars  or 
upwards  shall  be  subscribed  in  the  maimer  aforesaid,  and  the- 
sum  of  five  dollars  on  each  share  paid  in  as  aforesaid,  the- 
subscribers  to  said  stock  shall  be  and  are  hereby  declared  to  be- 
a  body  politic  and  corporate  in  fact  and  in  law,  by  the  name- 
and  style  of  "-the  Dan  River  Coalfield  Hail  Road  Company," 
with  all  the  corporate  powers  and  authority  hereby  created 
and  granted,  to  be  held  and  exercised  by  said  Company 
and  their  successors  and  assigns  in  perpetuity,  and  by  that 
name  shall  be  capable  in  law  and  in  equity  to  purchase,  hold,, 
lease,  rent,  sell  or  convey  estates,  real,  personal  and  mixed, 
and  to  acquire  the  same  by  gift,  devise  or  otherwise,  so  far  as. 
shall  be  necessary  for  the  purposes  embraced  within  the  scope,, 
object  and  intent  of  this  charter,  and  shall  have  perpetual 
succession  and  a  common  seal,  which  they  may  use,  alter  or 
renew  at  pleasure,  and  by  their  corporate  name  may  sue  and 
be  sued,  plead  and  be  impleaded  in  any  Court  of  Law  oc 
Equity  in  this  State  or  any  other  State,  and  shall  have,  possess, 
and  enjoy  all  the  rights,  privileges  and  immunities  which 
corporate  bodies  may  and  of  the  right  do  exercise,  and  may 
make  all  such  by-laws,  rules  and  regulations  as  are  necessary 
for  the  government  of  the  corporation,  or  for  effecting  the- 
object  for  which  it  is  created  not  inconsistent  with  the  laws  of' 
this  State  or  of  the  United  States, 

Sec.  5.  Be  it  furiJier  ordamedy  That  as  soon  as  the  sum  of 
fifty  thousand  dollars  or  upwards  shall  be  subscribed  as  afore- 
said, it  shall  be  the  duty  of  the  general  commissioners  to  ap- 
point a  time  for  the  stockholders  to  meet  in  Madison,  in  the 
County  of  Rockingham,  which  they  shall  cause  to  be  previ- 


J  868.]  CONTENTION  JOUENAL.  329> 

ously  published  for  the  space  of  thirty  days  in  one  or  more 
newspapers,  at  which  time  and  place  the  said  stockholders,, 
in  person  or  by  proxy,  [shall]  proceed  to  elect  by  ballot  nine 
Directors  of  the  Company,  and  to  enact  all  such  regulations 
and  by-laws  as  may  be  necessary  for  the  government  of  said 
corporation  and  the  transaction  of  business.  The  persons 
elected  Directors  of  this  meeting  shall  serve  such  period,, 
not  exceeding  one  year,  as  the  stockholders  may  direct,  and  at 
this  meeting  the  stockholders  shall  fix  on  a  day  and  place  or 
places  where  the  subsequent  election  of  Directors  shall  be 
held  ;  and  such  elections  shall  henceforth  be  annually  made,, 
and  if  the  day  of  the  annual  election  should  pass  without 
any  election  of  Directors,  the  corporation  shall  not  thereby 
be  dissolved,  but  it  shall  be  lawful  on  any  other  day  to  hold 
and  make  such  elections  in  such  manner  as  may  be  pre- 
scribed by  a  by-law  of  the  corporation. 

Sec.  6.  Be  it  further  ordained.  That  the  affairs  of  said 
Company  shall  be  managed  by  a  general  board  to  consist  of 
nine  Directors,  to  be  elected  by  the  stockholders  from  among 
themselves  at  their  first  and  subsequent  general  annual  elec- 
tions, and  no  stockholder  shall  be  elected  as  Director,  nor 
serve  as  such,  unless  he  be,  at  the  time  of  his  election,  the 
bona  fide  owner  and  legal  holder  of  ten  shares  of  said  stock,, 
and  shall  continue  to  hold  the  same  during  the  term  of  his 
service. 

Sec.  T.  Be  it  further  ordained,  That  the  President  of 
said  Company  shall  be  chosen  by  ballot  by  a  majority  of  the 
Directors  from  among  themselves,  with  a  salary  to  be  fixed  by 
the  stockholders  in  general  meeting. 

Sec.  8.  Beit  fiariher  or&ained,  That  all  stockholders  being 
citizens  of  the  United  States  shall  be  entitled  to  vote  either 
in  person  or  proxy,  the  proxy  being  a  stockholder,  at  all  gen- 
eral meetings,  and  the  vote  to  which  each  stockholder  shall  be 
entitled  according  to  the  number  of  shares  he  may  hold  in 
the  proportions  following,  that  is  to  say :  for  one  share  and 
not  more  than  two,  one  vote;  for  every  two  shares  above  two 
and  not  exceeding  ten,  one  vote  ;  for  every  four  shares  above 
ten  and  not  exceeding  thirty,  one  vote ;,  for  every  six  shares 


330  CONTENTION  JOURNAL.  [Session 

over  thirty  and  not  exceeding  sixty,  one  vote ;  for  every 
eight  shares  over  sixty  and  not  exceeding  one  hundred,  one 
vote  ;  for  every  ten  shares  over  one  hundred  and  not  exceed- 
ing two  hundred,  one  vote;  and  for  every  twenty  shares 
over  two  hundred,  one  vote. 

Sec.  9.  Be  it  further  ordained,  That  at  the  first  general 
meeting  of  the  stockholders  under  this  act,  a  majority  of  all 
the  shares  subscribed  shall  be  represented  before  proceeding  to 
business,  and  if  a  sufficient  number  do  not  appear  on  the  day 
appointed,  those  who  do  attend  shall  have  power  to  adjourn 
from  time  to  time  until  a  regular  meeting  be  thus  formed ; 
and  at  such  regular  meeting  the  stockholders  may  provide  a 
by-law  as  to  the  number  of  stockholders  and  the  amount  of 
stock  to  be  held  by  them,  which  shall  constitute  a  quorum  tor 
transacting  business  at  all  subsequent  regular  or  occasional 
meetings  of  stockholders  and  Directors. 

Sec.  10.  Be  it  farther  ordained,  That  the  general  (Com- 
missioners shall  make  their  return  of  the  shares  of  the  stock 
subscribed  for  at  the  first  general  meeting  of  the  stock- 
holders, and  pay  over  to  the  Directors  elected  at  their  meet- 
ing, or  their  authorized  agents,  all  sums  of  money  and  all 
lands  received  from  subscribers;  and  on  failure  to  do  so  they 
shall  be  personally  liable  to  said  Company,  to  be  recovered  at 
the  suit  of  said  Company  in  atiy  of  the  Superior  Courts  of 
Law  in  this  State  in  the  County  where  the  delinquent  resides, 
and  in  case  of  his  death  the  same  shall  be  recovered  of  his  ex- 
ecutors or  administrators. 

Sec.  11.  Be  it  further  ordained,  That  the  Board  of  Direc- 
tors may  fill  all  vacancies  whieh  may  occur  in  it  during  the 
period  for  which  they  have  been  elected,  and  in  the  absence 
of  the  President  may  fill  his  place  by  electing  a  President 
pro  tempore  from  among  their  number. 

Sec  12.  Be  it  further  ordained,  That  the  said  Board  of 
Directors  shall  have  power  and  authority  to  open  books  for 
further  subscription  to  the  stock  of  said  Company,  at  such 
times  and  under  such  persons  as  they  may  designate,  in  the 
event  that  the  whole  stock  be  not  subscribed  before  the  first 
general  meeting  of  the  stockholders,  and  to  open  and  keep 


1868.]  CONTENTION  JOURNAL.  331 

open  said  books  from  time  to  time  until  the  whole  amount  of 
the  capital  stock  be  subscribed. 

Sec.  13.  Be  it  further  ordained,  That  said  Company  shall 
have  power  and  may  proceed  to  construct,  as  speedily  as  pos- 
sible, a  Rail  Road,  with  one  or  more  tracks,  from  some  point 
on  the  Virginia  line,  near  the  town  of  Danville,  in  Virginia, 
to  the  Coalfields  of  Dan  River. 

Sec.  14c.  Be  it  further  ordained,  That  said  Company  shall 
have  the  exclusive  right  of  conveyance  or  transportation  of 
persons,  goods,  merchandise  and  produce  over  the  road  con- 
structed by  them,  at  such  charges  as  may  be  fixed  upon  by 
a  majority  of  the  Directors;  and  the  said  Company  [may] 
farm  out  their  right  of  transportation  over  their  said  Rail 
Road,  subject  to  the  rules  above  mentioned,  and  said  Com- 
pany, and  every  person  who  may  have  received  from  them 
the  right  of  transportation  of  goods,  wares  and  produce  on 
said  Rail  Road,  shall  be  deemed  and  taken  to  be  a  common 
carrier,  as  respects  everything  entrusted  to  them  or  him  for 
transportation. 

Sec.  15.  Be  it  further  ordained,  That  the  Board  of  Direc- 
tors may  call  for  the  payment  of  the  sum  or  bond  subscribed 
as  stock  m  said  Company,  in  such  instalments  as  the  interests 
of  said  Company  may,  in  their  opinion,  require ;  the  call 
for  each  payment  shall  be  published  in  one  or  more  newspa- 
pers in  this  State,  for  the  space  of  one  month  before  the  day 
of  payment,  and  on  failure  of  any  stockholder  to  pay  each 
instalment  as  thus  required,  the  directors  may  sell  at  public 
auction,  on  a  previous  notice  of  ten  days,  for  cash,  all  the 
stock  subscribed  for  in  said  Company,  by  such  stockholders, 
and  convey  the  same  to  the  purchaser  at  said  sale,  discharg- 
ed from  all  further  liability,  and  if  said  sale  of  stock  does  not 
produce  a  sum  sufficient  to  pay  off  the  incidental  expenses  ot 
the  sale,  and  the  entire  amount  owing  by  such  stockholders 
to  the  Company  for  such  subscription  of  stock,  then,  and  in 
that  case,  the  whole  of  such  balance  shall  be  held  and  taken 
as  due  at  once  to  the  Company,  and  may  be  recovered  of  such 
stockholder,  or  of  his  executors,  administrators  or  assignees  at 
the  suit  of  said  Company,  either  by  summary  motion  in  any 


332  CONVENTION  JOUKNAL.  [Session 

court  of  superior  jurisdiction  in  the  County  where  the  de- 
linquent resides,  on  previous  notice  of  ten  days  to  said  sub- 
scriber, or  by  action  of  assumpsit  in  any  Court  of  competent 
jurisdiction,  or  by  warrant  before  a  Justice  of  the  Peace, 
where  the  sum  does  not  exceed  one  hundred  dollars,  and  in 
all  cases  of  assignment  of  stock  before  the  whole  amount  has 
been  paid  to  the  Company,  then,  for  all  sums  due  on  such 
stocks,  both  the  original  subscribers  and  the  first  and  all  sub- 
sequent assignees  shall  be  liable  to  the  Company,  and  the 
same  may  be  recovered  as  above  described. 

Sec.  16.  Be  it  further  ordained,  That  the  debt  of  stock- 
holders due  to  the  Company  for  stock  therein,  either  as  orig- 
inal proprietor  or  as  first  or  subsequent  assignee,  shall  be 
considered  of  equal  dignity  with  judgments  in  the  distribu- 
tion of  assets  of  a  deceased  stockholder  by  his  legal  represen- 
tative. 

Sec.  17.  Be  it  further  ordained,  That  said  Company  shall 
issue  certificates  of  stock  to  its  members,  and  said  stock  may 
be  transferred  in  such  manner  and  form  as  may  be  directed 
by  the  by-laws  of  the  Company. 

Sec.  18.  Be  it  further  ordained,  That  the  Board  of  Direc- 
tors shall  once  every  year  at  least,  make  a  full  report  of  the 
stock  of  the  Company  and  its  affairs  to  a  general  meeting  ot 
the  stockholders,  and  oftener  if  required  by  a  by-law,  and  shall 
have  power  to  call  a  general  meeting  ot  the  stockholders 
when  the  Board  may  deem  it  expedient,  and  the  Company 
may  provide  in  their  by-laws  for  occasional  meetings  being 
called  and  prescribe  the  mode  thereof. 

Sec  19.  Be  it  further  ordained,  That  said  Company  may 
purchase,  have  and  hold  in  fee,  or  for  a  term  of  years,  any 
land,  tenaments  or  hereditaments,  which  may  be  necessary  for 
the  said  road  or  the  appurtenances  thereof,  or  for  the  erec- 
tion of  depositories,  store  houses,  houses  for  the  officers,  ser- 
vants or  agents  of  the  said  Company,  or  for  work  shops  or 
foundaries,  to  be  used  for  said  Company,  or  for  procuring  stone 
or  other  materials  necessary  to  the  construction  of  the  road, 
or  for  effecting  transportation  thereon. 

Sec,  SO.  Be  it  further  ordained,  That  the  Company  shall 


1868.]  CONTENTION  JOUBNAL.  833 

have  the  right,  when  necessary,  to  conduct  the  said  road  across 
or  along  any  public  road  or  water  course :  Provided,  That 
the  said  Company  shall  not  obstruct  any  public  road  without 
constructing  another  equally  as  good  and  convenient. 

Sec.  21.  Be  it  further  ordained, ,  That  when  any  lands  or 
right  of  way  may  be  required  by  said  Company,  for  the  pur- 
pose of  constructing  their  road,  and  for  want  of  agreement  as 
to  the  value  thereof,  or  for  any  other  cause,  the  same  cannot 
be  purchased  from  the  owner  or  owners,  the  same  may  be 
taken  at  a  valuation  to  be  made  by  the  five  Commissioners, 
or  three  of  them,  to  be  appointed  by  any  court  of  record  having 
common  law  jurisdiction  in  the  County  where  some  part  of 
the  land  or  right  of  way  is  situated.  In  making  the  said  valu- 
ation, the  said  Commissioners  shall  take  into  consideration 
the  loss  or  damage  which  may  accrue  to  the  owner  or  owners 
in  consequence  of  the  land  or  right  of  way  being  surrendered, 
and  the  benefit  and  advantage,  general  or  special  which  he,  she 
or  they  may  receive  by  the  general  increased  value  of  the 
land,  or  any  special  benefit  which  may  arise  from  the  loca- 
tion of  a  depot,  or  otherwise  on  said  land,  or  any  benefit 
which  may  accrue  in  any  way  whatever,  by  the  establishment 
of  said  Rail  Road  or  works,  and  shall  state  particularly  the 
amount  and  value  of  each,  and  the  excess  ol  the  loss  and  dam- 
age, over  and  above  the  advantage  and  benefit,  shall  form  the 
measure  of  valuation  of  the  said  land  or  right  of  way  ;  Pro- 
vided, nevertheless,  That  if  any  person  or  persons,  over  whose 
land  the  road  may  pass,  or  if  said  company  should  be  dissat- 
isfied with  the  valuation  of  said  Commissioners,  then,  and 
in  that  case,  the  party  so  dissatified,  may  make  an  appeal  to 
the  Superior  Court,  in  the  County  where  said  valuation  has 
been  made,  or  in  either  County  in  which  the  land  may  lie, 
when  it  shall  be  in  more  than  one  County,  under  the  same 
rules,  regulation  and  restrictions  as  in  other  cases  of  appeals. 
The  proceedings  of  said  Commissioners,  accompanied  with  a 
full  description  of  said  land  or  right  of  way,  shall  be  returned 
under  the  hands  and  seal  of  a  majority  of  them,  to  the  Court 
from  which  the  Commission  issued,  there  to  remain  a  matter1 
of  record,  and  the  lands  or  right  of  way  so  valued,  shall  vest 


334  CONVENTION  JOURNAL.  [Session 

in  the  said  Company  so  long  as  the  same  shall  be  used  for  the 
purpose  of  the  Rail  Road,  so  soon  as  the  valuation  shall  have 
been  paid,  or  when  refused,  may  have  been  tendered :  Pro 
vuled,  That  on  application  lor  the  appointment  of  Commis- 
sioners, under  this  section,  it  shall  be  made  to  appear  to  the 
satisfaction  of  the  Court,  that  at  least  ten  days'  previous  no- 
tice has  been  given  by  the  applicant  to  the  owner  or  owners 
of  the  said  land,  so  proposed  to  be  condemned,  or  if  the  own- 
er or  owners  be  infants  or  non  compos  mentis,  then  to  the 
guardian  of  such  owner  or  owners,  if  such  guardian  can  be 
found  within  the  County,  or  if  he  can  not  be  ho  found,  then 
such  appointment  shall  not  be  made,  unless  notice  of  the  ap- 
plication shall  have  been  published  at  least  one  month  next 
preceding,  in  some  newspaper  printed  as  convenient  as  may 
be  to  the  Court  House  of  the  County,  and  shall  have  been 
posted  at  the  door  of  the  Court  House,  on  the  first  day  at 
least  of  the  term  of  said  court  to  which  the  application  is 
made ;  Provided  further,  That  the  valuation  provided  for 
in  this  section  shall  be  made  on  oath,  or  by  the  commissioners 
aforesaid,  which  oath  any  justice  of  the  peace  or  Clerk  is 
authorized  to  administer :  Provided  further,  That  the  right 
of  condemnation  herein  granted  shall  not  authorize  the  said 
Company  to  invade  the  dwelling  house,  yard,  garden  or  bury- 
ing ground  of  any  individual  without  his  consent. 

Sec.  22.  Be  it  further  ordained,  That  the  right  of  said 
company  to  condemn  land  in  the  manner  aforesaid,  shall  ex- 
tend to  the  condemning  of  one  hundred  feet  on  each  side  of 
the  main  track  of  the  road,  measuring  from  the  centre  of  the 
same,  unless  in  case  of  deep  cuts  and  fillings,  when  said  com- 
pany shall  have  power  to  condemn  as  much  in  addition  there- 
to as  may  be  necessary  for  the  purpose  of  constructing  said 
road,  and  the  company  shall  also  have  power  to  condemn  and 
appropriate  lands  in  like  manner  for  the  constructing  and 
building  of  depots,  shops,  warehouses,  buildings  for  servants, 
agents  and  persons  employed  on  the  road,  not  exceeding  two 
acres  in  any  one  lot  or  station. 

Sec.  23.  Be  it  further  ordained,  That  in  the  absence  of 
any  contract  or  contracts  with  said  company  in  relation  to 


18G8.]  CONVENTION  JOURNAL.  335 

lands  through  which  the  said  road  may  pass,  signed  by  the 
owner'  thereof,  or  his  agentf  or  any  claimant  or  person  in  pos- 
session thereof,  which  may  he  confirmed  by  the  owner  thereof, 
it  shall  be  presumed  that  the  land  upon  which  said  road  may 
be  constructed,  together  with  the  space  of  one  hundred  feet 
on  each  side  of  the  centre  of  the  said  road,  had  been  granted 
to  the  said  company  by  the  owner  thereof,  shall  have  good 
right  and  title  thereto,  and  shall  have,  hold  and  enjoy  the 
same  as  long  as  the  same  be  used  for  the  purposes  of  said  road, 
and  no  longer,  unless  the  person  or  persons  owning  the  said 
land  at  the  time  that  part  of  the  said  road  which  may  be  on 
said  land  was  finished,  or  the  claiming  under  him,  her  or 
them,  shall  apply  for  an  assessment  of  the  value  of  said  lands 
as  hereinbefore  directed,  within  two  years  next  after  that  part 
of  the  said  road  which  may  be  on  the  said  land  was  finished ; 
and  in  case  the  said  owner  or  those  claiming  under  him,  his, 
her  or  them,  shall  not  apply  within  two  years  next  after  the 
said  part  was  finished,  he,  she  or  they  shall  be  forever  barred 
from  recovering  said  land,  or  having  any  assessment  or  com- 
pensation therefrom :  Provided,  That  nothing  herein  contain- 
ed shall  affect  the  rights  of  feme  coverts  or  infants  until  two 
years  after  the  removal  of  their  respective  disabilities. 

Sec.  24.  Be  it  further  ordained,  That  all  lands  not  here- 
tofore granted  to  any  person  within  one  hundred  feet  of  the 
centre  of  the  said  road,  shall  vest  in  the  company  as  soon  as 
the  line  of  the  road  is  definitely  laid  out  through  it,  and  any 
grant  of  said  land  thereafter  shall  be  void. 

Sec.  25.  Be  it  further  ordained,  That  if  any  person  or  per- 
sons shall  intrude  upon  the  said  Rail  Road  by  any  manner  of 
use  thereof,  or  of  the  rights  and  privileges  connected  there- 
with without  the  permission,  or  contrary  to  the  will  of  the 
said  company,  he,  she  or  they  maybe  indicted  for  misdemean- 
or, and  upon  conviction  fined  and  imprisoned  by  any  court  of 
competent  jurisdiction. 

Sec  26.  Be  it  further  ordained,  That  if  any  person  shall 
wilfully  and  maliciously  destroy  or  in  any  manner  hurt  or 
damage  or  destroy  or  obstruct,  or  shall  wilfully  or  malicious- 
ly cause,  or  aid,  or  assist,  or  counsel,  or  advise  any  other  per- 


336  CONVENTION  JOURNAL.  [Session 

son  or  persons  to  destroy  or  in  any  manner  to  hurt,  damage, 
injure  or  obstruct  the  said  Rail  Road,  or  any  bridge  or  vehi- 
cle used  for  or  in  the  transportation  thereon,  any  water  tank, 
warehouse,  or  any  other  property  of  said  company,  such  per- 
son or  persons  so  offending  shall  be  liable  to  be  convicted 
therefor,  and  on  conviction  shall  be  imprisoned  not  more 
than  six  nor  less  than  one  month,  and  pay  a  fine  not  exceed- 
ing five  hundred  dollars  nor  less  than  twenty  dollars,  at  the 
discretion  of  [the]  court  before  which  said  conviction  shall 
take  place  and  shall  be  further  liable  to  pay  all  expenses  for 
repairing  the  same,  and  it  shall  not  [be]  competent  for  any 
person  so  oil  ending  against  the  provisions  of  this  clause  to  de- 
fend himself  by  pleading  or  giving  in  evidence  that  he  was 
the  owner,  agent  or  servant  of  the  owner  of  the  land  where 
such  destruction,  hurt,  damage,  injury  or  obstruction  was  done 
at  the  time  the  same  was  done  or  caused  to  be  done. 

Sec.  27.  Be  it  further  ordained,  That  every  obstruction  to 
the  safe  and  free  passage  of  vehicles  on  the  said  road  shall  be 
deemed  a  public  nuisance,  and  may  be  abated  as  such  by  any 
officer,  agent  or  servant  of  said  company,  and  the  person 
causing  such  obstruction  may  be  indicted  for  erecting  a  pub- 
lic nuisance. 

Sec.  28.  Be  it  further  ordained,  That  the  said  Company 
shall  have  the  right  to  take  at  the  store-house  they  may  estab- 
lish, on  or  annexed  to  their  Rail  Road,  all  goods,  wares,  mer- 
chandise and  produce  intended  for  transportation,  to  prescribe 
the  rules  of  priority  and  charge,  and  receive  such  just  and 
reasonable  compensation  for  storage  as  they  by  rules  may  es- 
tablish, (which  they  shall  cause  to  be  published,)  or  as  may 
be  fixed  by  agreement  with  the  owner,  which  may  be  distinct 
from  the  rates  of  transportation ;  Provided,  That  the  said 
Company  shall  not  charge  or  receive  any  storage  on  goods, 
wares,  merchandise^  or  produce  which  may  be  delivered  to 
them  at  their  regular  depositories  for  immediate  transporta- 
tion, and  which  the  company  may  have  power  to  transact 
immediately. 

Sec  29.  Be  it  further  ordained,  That  the  profits  of  the 
Company,  or  so  much  thereof  as  the  general  board  may  deem 


XSOS.j  CONVENTION  JOTTBNAL.  337 

advisable,  shall,  when  the  affairs  of  the  Company  will  permit, 
be  semi-annually  divided  amongst  the  stockholders  in  propor- 
tion to  the  stock  each  mav  own. 

Sec.  :30.  Be  it  further  ordained,  That  the  following  offi- 
cers and  servants,  and  persons  in  the  actual  employment  of 
the  said  company,  be,  and  they  are  hereby  exempt  from  the 
jury,  and  ordinary  militia  duty :  the  president  and  treasurer 
the  board  of  directors,  chief  and  assistant  engineers,  the  sec- 
retary and  accountants  of  this  Company,  keepers  of  the  de^ 
positories,  guards  stationed  on  the  road  and  at  the  bridges 
and  such  persons  as  may  be  working  the  locomotive  engines 
and  traveling  with  the  cars  for  the  purpose  of  attending  to 
transportation  of  produce,  goods  and  passengers  on  the  road. 

Sec.  3J.  Be  it  further  ordained.  That  for  the  purpose  of 
"constructing  said  road,  the  Company  are  hereby  authorized 
and  empowered,  by  a  vote  of  the  stockholders  in  general 
meeting  assembled,  to  increase  their  capital  stock  to  an 
amount  sufficient  in  their  opinion  to  effect  the  object,  and  to 
raise  money  by  loan  or  otherwise,  sufficient  to  complete  the 
main  track  or  road,  upon  such  securities  and  in  such  a  man- 
ner as  the  stockholders  may  direct. 

Sec.  32.  Be  it  further  ordained,  That  for  the  purpose  of 
•ascertaining  tne  best  route  for  said  road,  and  to  locate  the 
same,  it  shall  be  lawful  for  said  Company,  by  its  engineers, 
servants,  and  agents,  to  enter  upon,  examine  and  survey,  any 
land  or  lands  that  they  may  wish  to  examine  for  such  pur- 
pose, free  from  any  liability  whatever. 

Sec  33,  Be  it  further  ordained,  That  said  road  shall  not 
fun  within  twenty  miles  of  the  North-Carolina  Rail  Road, 
and  if  the  Company  hereby  incorporated  violate  the  provi- 
sions of  this  section,  it  shall  work  a  forfeiture  of  their  char- 
ter. 

The  following  report  was  received  and  adopted  '. 

The  Committee  on  Counties,  Cities,  Towns,  &c,  having 
considered  the  ordinance  presented  by  Mr.  Fullings  of  Meck- 
lenburg, entitled  "  an  Ordinance  to  incorporate  the  Char- 
lotte City  Hall  Association,"  have  instructed  me  to  report  that 
in  their  opinion,  the  subject  matter  thereof  does  not  in  their 
22 


333  CONTENTION  JOURNAL.  [Session 

opinion  properly  come  before  them,  and  ask  to  be  relieved 
from  its  further  consideration,  and  suggest  that  the  same  be 
referred  to  the  Committee  on  Corporations  other  than  Mu- 
nicipal. 

Mr.  Heaton  arose  to  a  question  of  privilege  concerning  an 
article  published  by  the  North- Carolinian. 

The  following  report  of  the  Committee  on  Education,  &c, 
was  taken  up  and  passed  first  reading : 

REPORT  OF  THE  COMMITTEE  ON  EDUCATION, 
COMMON  SCHOOLS,  UNIVERSITY  AND  THE 
MEANS  OF  THEIR  SUPPORT. 

The  Committee  appointed  to  prepare  and  report  to  the 
Convention  an  Article  on  Education,.  Common  Schools,  Uni- 
versity and  the  means  of  their  support,  respectfully  submit 
the  following  report : 

ARTICLE  — . 

EDUCATION. 

Section  1.  Religion,  morality,  and  knowledge  being  neces- 
sary to  the  good  government  and  happiness  of  mankind, 
schools,  and  the  means  of  education,  shall  forever  be  fostered 
and  encouraged. 

Sec.  2.  The  General  Assembly  at  its  first  session  under 
this  Constitution,  shall  provide  for  a  general  and  uniform 
system  of  Public  Schools,  wherein  tuition  shall  be  free  of 
charge  to  all  the  children  of  the  State  between  the  ages  of  six 
and  twenty-one  years. 

Sec  3.  Each  County  of  the  State  shall  be  divided  into  a 
convenient  number  of  Districts,  in  which  one  or  more  Prima- 
ry Public  Schools  shall  be  maintained  at  least  four  months  in 
every  year  ;  and  any  County  which  shall  fail  to  comply  with 
the  aforesaid  requirement  of  this  section  shall  be  liable  to  in- 
dictment. 

Sec.  4.  The  proceeds  of  all  land  that  have  been,  or  here- 


1868.]  CONTENTION  JOUKNAL.  339 

after  may  be,  granted  by  the  United  States  to  this  State,  and 
not  otherwise  specially  appropriated  by  this  State,  or  the 
United  States :  also  all  moneys,  stocks,  bonds,  and  other  pro- 
perty now  belonging  to  any  fund  for  purposes  of  Education  : 
also  the  net  proceeds  of  all  sales  of  lands  and  other  property 
and  effects,  that  may  accrue  to  the  State  from  sales  of  estrays, 
or  from  unclaimed  Dividends,  or  from  fines,  penalties  and 
forfeitures  :  also  the  proceeds  of  all  sales  of  the  swamp  lands 
belonging  to  the  State  or  of  any  other  public  lands  which 
may  have  been,  or  may  hereafter  be,  paid  over  to  this  State, 
(unless  forbidden  by  Congress  :)  also  all  money  that  shall  be 
paid  as  an  equivalent  for  exemption  from  military  duty :  also, 
all  grants,  gifts  or  devises  that  have  been,  or  may  hereater 
be,  made  to  this  State,  and  not  otherwise  appropriated  by 
grant,  gift  or  devise,  shall  be  securely  invested,  and  sacredly 
preserved  as  an  irreducible  educational  fund,  the  annual  in- 
come of  which,  together  with  so  much  of  the  ordinary  reve- 
nue of  the  State  as  may  be  necessary,  shall  be  faithfully  ap- 
propriated for  establishing  and  perfecting  in  this  State,  a  sys- 
tem of  Free  Public  Schools  and  for  no  other  purposes  or  uses 
whatsoever. 

Sec.  5.  The  General  Assembly  shall  make  such  provisions, 
by  taxation  or  otherwise,  as  will  secure  a  thorough  and  effi- 
cient system  of  Public  Schools  throughout  the  State. 

Sec.  6.  The  University  of  North-Carolina,  with  its  lands, 
emoluments  and  franchises,  is  the  property  of  the  State,  and 
shall  be  held  to  an  inseparable  connection  with  the  Free  Pub- 
lic School  system  of  the  State. 

Sec.  7.  The  General  Assembly  shall  provide  that  the  ben- 
efits of  the  University,  as  far  as  practicable,  be  extended  to 
the  youth  of  the  State  free  of  expense  for  tuition ;  also,  that 
all  the  property  which  has  heretofore  accrued,  or  shall  here- 
after accrue  from  escheats  to  the  State,  or  distributive  shares 
of  the  estates  of  deceased  persons,  shall  be  appropriated  to  the 
use  and  benefit  of  the  University. 

Sec  8.  The  Governor,  Lieutenant-Governor,  Secretary  of 
State,  State  Treasurer,  Auditor,    Superintendent  of  Public 


<r<-* 


340  CONVENTION  JOURNAL.  [Session 

Works,  Superintendent  of  Public  Instruction  and  Attorney 
General  shall  constitute  a  State  Board  of  Education. 

Sec.  9.  The  Governor  shall  be  President,  and  the  Super- 
intendent of  Public  Instruction  shall  be  Secretary  of  the 
Board  of  Education. 

Sec.  10.  The  Board  of  Education  shall  succeed  to  all  the 
powers  and  trusts  of  the  Literary  Board,  and  shall  have  full 
power  to  legislate  and  make  all  needful  rules  and  regulations 
in  relation  to  Eree  Public  Schools,  and  the  Educational  fund 
of  the  State  ;  but  all  acts,  rules  and  regulations  of  said  Board 
may  be  altered  or  amended,  or  repealed  by  the  General  As- 
sembly, and  when  altered,  amended  and  repealed  they  shall 
not  be  re-enacted  by  the  Board. 

Sec.  11.  The  first  session  of  the  Board  of  Education  shall 
be  held  at  the  Capital  of  the  State,  within  fifteen  (15)  days 
after  the  organization  of  the  State  government  under  this 
Constitution  ;  the  time  of  future  meetings  maybe  determined 
by  the  Board. 

Sec  12.  A  majority  of  the  Board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Sec.  13.  The  contingent  expenses  of  the  Board  shall  be 
provided  for  by  the  General  Assembly. 

Sec.  14.  The  Board  of  Education  shall  elect  Trustees  for 
the  University,  as  follows  :  one  Trustee  from  each  County  in 
the  State,  whose  term  of  office  shall  be  eight  (8)  years.  The 
first  meeting  of  the  Board  shall  be  held  within  ten  (10)  days 
after  their  election,  and  at  this  and  every  subsequent  meeting, 
ten  (10)  Trustees  shall  constitute  a  quorum.  The  Trustees, 
at  their  first  meeting,  shall  be  divided,  as  may  be,  into  four 
(4)  classes.  The  seats  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  (2)  years;  of  the  second  class  at  the  expira- 
tion of  four  (4)  years  ;  of  the  third  class  at  the  expiration  of 
six  (6)  years  ;  of  the  fourth  class  at  the  expiration  of  eight 
•  (8)  years ;  so  that  one-fourth  may  be  chosen  every  second 
year. 

Sec.  15.  The  Board  of  Education  shall  be  ex  officio  members 
of  the  Board  of  Trustees  of  the  University,  and  shall,  with 
three  (3)  other  Trustees  to  be  appointed  by  the  Board  of  Trus- 


1868.]  CONYENTION  JOURNAL.  341 

tees,  constitute  the  Executive  Committee  of  the  Trustees  of 
the  University  of  North-Carolina,  and  shall  be  clothed  with 
the  powers  delegated  to  the  Executive  Committee  under 
the  existing  organization  of  the  Institution.  The  Governor 
shall  be  ex  officio  President  of  the  Board  of  Trustees  and 
Chairman  of  the  Executive  Committee  of  the  University. 
The  Board  of  Education  shall  provide  for  the  more  perfect 
organization  of  the  Board  of  Trustees. 

Sec.  16.  All  the  privileges,  rights,  franchises  and  endow- 
ments heretofore  granted  to,  or  conferred  upon,  the  Board  of 
Trustees  of  the  University  of  North-Carolina  by  the  charter  of 
1789,  or  by  any  subsequent  legislation,  are-  hereby  vested  in 
the  Board  of  Trustees,  authorized  by  this  Constitution,  for  the 
perpetual  benefit  of  the  University. 

Sec.  IT.  As  soon  as  practicable  after  the  adoption  of  this 
Constitution,  the  General  Assembly  shall  establish  and  main- 
tain in  connection  with  the  University  a  Department  of  Agri- 
culture, of  Mechanics,  of  Mining,  and  of  Normal  Instruction. 
Sec  IS.  The  General  Assembly  is  hereby  empowered  to 
enact  that  every  child  of  sufficient  mental  and  physical  ability 
shall  attend  the  Public  Schools  during  the  period  between  the 
ages  of  six  (6)  and  eighteen  (18)  years,  for  a  term  of  not  less 
than  sixteen  months,  unless  educated  by  other  means. 

S.  S.  ASHLEY,  Chirman. 
W.  T.  J.  HAYES, 
JNO.  BEAD, 
J.  W.  HOOD, 
G.  WILLIAM  WELKER, 
¥M.  T,  BLUME, 
A.  W.  FISHER, 
W.  H.  LOGAN, 
ALLEN  ROSE, 
JOHN  R.  FRENCH, 
W.  H.  S.  SWEET, 
Majority  of  the  Committee. 

On  second  reading,  section  1st  was  adopted. 


342  CONTENTION  JOURNAL.  [Session 

Mr.  Ashley  amended  section  2d  by  inserting  in  third  line, 
after  provide,  "  by  taxation  or  otherwise." 

Mr.  French,  of  Bladen,  moved  to  strike  out  "  six,"  in  fifth 
line,  and  insert  "  five." 

Not  agreed  to. 

The  section,  as  amended,  was  adopted. 

Mr.  Ashley  amended  section  3d  by  inserting  "  Commission- 
ers," after  "  County." 

The  section,  as  amended,  was  adopted. 

Section  5th  was,  on  motion,  stricken  out. 

Mr.  Durham  offered  the  following  as  an  additional  section  : 

"  The  General  .Assembly  shall  provide  seperate  and  distinct 
schools,  for  the  black  children  of  the  State,  from  those  pro- 
vided for  white  children," 

When  Mr.  Ashley  offered  the  following  amendment : 

"  It  being  understood  that  this  section  is  not  offered  in  sin- 
cerity, or  because  there  is  any  necesity  for  it,  and  that  it  is 
proposed  tor  the  sole  purpose  of  breeding  prejudice  and  bring- 
about  a  political  re-enslavement  of  the  colored  race." 

After  some  discussion,  the  previous  question  was  called 
and  sustained. 

The  amendment  was  adopted. 

The  new  section,  as  amended,  was  rejected,  yeas  11, 
nays  86. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Bradley,  Durham,  Ellis,  Etheridge,  Graham  of 
Orange,  Hare,  Hodnett,  Holt,  McCubbins,  Merritt  and  San- 
derlin — 11. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Candler,  Chillson,  Colgrove,  Congle- 
ton,  Cox,  Dickey,  Eppes,  Fisher,  Forkner,  Franklin,  French 
of  Bladen,  French  of  Rockingham,  Fallings,  Gahagan,  Gallo- 
way, Garland,  Garrett,  George,  Graham  of  Montgomery, 
Grant  of  Wayne,  Gully,  Gunter,  Harris  of  Wake,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hoffler,  Hollowell,  Hood,  Hyman,  Ing,  King  of 
Lincoln,  Kinney,  Laflin,  Lee,  Legg,  Logan,  May,  Mayo,  Mar- 


1868.]  -CONVENTION  JOURNAL.  343 

shall,  McDonald  of  Chatham,  McDonald  of  Moore,  Moore, 
Morton,  Mullican,  Murphy,  Newsom,  Nicholson,  Parker, 
Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland,  Pay,  Ren- 
frow,  Pich,  Pobbins,  Podman,  Pose,  Smith,  Stilly,  Stilwell, 
Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Watts, 
Welker,  Williams  of  Wake,  and  Williamson — 86. 

Section  6th  was  adopted. 

Section  7th  was  verbally  amended  and  adopted. 

Sections  Sth  and  9th  were  read  and  adopted. 

Section  10th  was  read,  verbally  amended  and  adopted. 

Sections  11th,  12th,  13th,  and  14th  were  read  and  adopted. 

Section  15th  was  read  and  amended  by  Mr.  Ashley,  by  ad- 
ding the  President  of  the  University  to  the  Board  of  Trustees. 

The  section,  as  amended,  was  adopted. 

Sections  16th  and  17th  were  read  and  adopted. 

Section  18th  was  read. 

Mr.  Graham,  of  Orange,  offered  the  following  amendment : 

-"  Provided,  That  there  shall  be  separate  and  distinct  schools 
and  Colleges  for  the  while  and  colored  races." 

Mr.  Tourgee  offered  the  following  substitute  : 

"  That  separate  and  distinct  schools  may  be  provided  for 
any  class  ol  citizens  in  the  State  :  Provided,  That  in  all  cases 
where  distinct  schools  shall  be  established,  there  shall  be  as 
ample,  sufficient  and  complete  facilities  afforded  for  the  one 
class  as  for  others,  and  entirely  adequate  for  all,  and  in  all 
districts  where  schools  are  divided,  the  apportionment  to  each 
shall  be  equal.'" 

The  amendment  and  substitute  were  rejected. 

Section  18th,  as  read,  was  adopted. 

The  entire  report,  as  amended,  passed  its  seeond  reading, 
by  the  following  vote,  yeas  88,  nays  12  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rocking- 
ham, French  of  Chowan,  Fullings,  Gahagan,  Galloway,  Gar- 
land^ Garrett,  George,  Glover,  Graham  of  Montgomery,  Grant 


344  CONTENTION  JOURNAL.  [Sessio* 

of  Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Harris  of 
Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Halifax,  Heaton, 
Highsmith,  Hobbs,  Hoffler,  Hollowell,  Hood,  Hyiiian,  Ing,. 
Jones  of  Caldwell,.  Kinney,  Laflin,  Lee,  Mann,  May,  Mayo,. 
Marshall,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Patrick,  Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland, 
Ray,  Renfrow,  Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilly, 
Stilwell,  Sweet,  Teague,  Tourgee,  Watts,  Welker  and  Wil- 
liamson— 88. 

Those  who  voted  in  the  negative  are : 
Messrs.  Daniel,  Durham,  Ellis,  Etheridge,  Graham  of  Orange,. 
Hare,  Hodnett,  King  of  Lincoln,  McCubbins,  Merritt,  San- 
derlin  and  Williams  of  Waive — 12, 

The  following  report  of  the  Committee  on  the  Judicial 
Department,  was-  taken  up. 

The  Committee  on  the  Judicial  Department,  to-  whom  was- 
referred  the  petition  of  John  Roberts,  to  be  divorced  from 
his  wife  Camilla,  respectfully  report : 

That  considering  the  peculiar  circumstances  of  the  case,, 
and  the  impossibility  of  the  petitioners  obtaining  adequate  re- 
lief in  the  courts,  they  are  of  the  opinion,  that   the  prayer  of' 
the  petitioner  should  be  granted,  and  report  an  ordinance  to, 
that  effect. 

WM„  B.  RODMAN,  Chairman. 

Section  1.  Be  it  orrdained  %y  the  people  of  North-Cay  olinai 
in  Convention  assembled,  That  John  Roberts,  of  Chowan 
County,  be,  and  he  hereby  is,  divorced  from  the  bonds  of 
matrimony  with  Camilla,  his  wife  r  Provided^  That  it  shall 
be  lawful  for  the  said  Camilla  to  apply  to  the  proper  court 
and  obtain  such  alimony  as  may  be  proper. 

Sec.  2.  Be  it  further  o?xlainedy.  That  this  ordinance  shall 
go  into  effect  from  and  after  its  ratification. 

The  yeas  and  nays  were  called  on  the  adoption  of  this  re- 
port, yeas  51,  nays  21. 

Those  who  voted  in  the  affirmative  are : 

Messrs,.  Abbott,  Andrews,  Pienbow,  Blume,  Carey,  Carter. 


1863.]  CONTENTION  JOURNAL,  345. 

Cherry,  Chillson,  Colgrove,  Congleton,  Etheridge,  Fisher. 
Forkrier,  Fellings,  Galloway,  Garland,  Glover,  Graham  of 
Montgomery,  Gunter,  Hare,  Harris  of  Wake,  Hayes  of  Hali- 
fax, Highsmith,  Homer,  King  of  Lincoln,  Lafiin,  Logan y, 
Long,  Mann,  Mayo,  Marshall,  McDonald  of  Chatham,.  Mc- 
Donald of  Moore,  Moore,  Morton,  Murphy,  Pierson,  Pool, 
Raglan  d,  Read,  Renfrow,  Rich,  Rodman,  Stillwell,  Sweet, 
league,  Tourgee,  Tncker,  Watts,  Welker  and  Williamson — 51. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Bradley,   Bryan,  Candler,  Cowles,  Duck 
worth,  French  of  Rockingham,  Gahagan,  George,  Graham 
of  Orange,  Hay,  Hobbs,    Hodnett,  Ing,  Jones  of   Caldwell,. 
Kinney,  Lennon,  May,  McCubbins,  Trogden  and  Turner — 21,, 

The  report  was  adopted. 

The  Committee  on  the  Judicial  Department,  to  whom  was- 
referred  the  petition  of  Rosa  B.  Quinlivan,  reported  the  fol- 
lowing ordinance  and  recommended  its  adoption  : 

Section.  1.  Beit  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  That  Rosa  B.  Quinlivan,  formerly 
Rosa  B.  Chatterton,  now  the  wife  of  John  R.  Quinlivan,  be,, 
and  she  hereby  is,  divorced  from  the  bonds  of  matrimony  with 
her  said  husband. 

Sec.  2.  Be  it  Jrurther  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification. 

The  yeas  and  nays  were  called  upon  the  adoption  of  this 
ordinance,  yeas  61,  nays  23. 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Baker,  Benbow,  Blmne,  Carey r. 
Carter,  Cherry,  Chilson,  Colgrove,  Congleton,.  Cox,  Daniel, 
Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French  of 
Bladen,  French  of  Chowan,  Fallings,  Galloway,  Garland,. 
Glover,  Graham  of  Montgomery,  Gully,  Gunter,  Hare,  Harris 
of  Wake,  Hayes  of  Halifax,  Highsmith,  Homer,  Hollowell.. 
Hyman,  Kinney,  Lafiin,  Long,  Mann,  Mayo,  Marshall,  Mc- 
Donald of  Chatham,  McDonald  of  Moore,  Moore,  Morton,, 
Murphy,  Nance,  Patrick,  Ragland,  Read,  Renfrow,  Rich,. 
Rodman,  Stilwell,  Sweet,  Teague,  Tourgee,  Tucker,  Turner* 
Watts,.  Welker  and  Williamson — 6L 


UQ  CONVENTION  JOURNAL.  [Session 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Barnes,  Bradley,  Bryan,  Candler,  Cowles, 
Duckworth,  Gahagan,  George,  Graham  of  Orange,  Hay, 
Hodnett,  lag,  Jones  of  Caldwell,  Lennon,  May,  McCubbins, 
Nicholson,  Parks,  Rose,  Stilly,  Trogden  and  "Williams  of 
Wake— n. 

The  ordinance  was  adopted. 

On  motion  the  House  adjourned. 


EVENING  SESSION,  March  6th,  1868. 

The  Convention  was  called  to  order  at  7|-  o'clock  by  the 
President. 

The  roll  was  .called  and  the  following  members  answered  to 
their  names : 

Messrs.  Ashley,  Aydlott,  Barnes,  Blume,  Bradley,  Bryan, 
Carey,  Carter,  Cherry,  Ckillson,  Congleton,  Cox,  Daniel, 
Dickey,  Duckworth,  Durham,  Eppes,  Etheridge,  Fisher, 
Forkner,  Franklin,  French  of  Bladen,  French  of  Rocking- 
ham, French  of  Chowan,  Fullings,  *  Gahagan,  Galloway, 
George,  Graham  oi  Montgomery,  Grant  of  Wayne,  Grant  of 
Northampton,  Gully,  Gunter,  Hare,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Hobbs,  Hodnett,  Horner,  Hood,  Hyman, 
Ing,  Jones  of  Caldwell,  King  of  Lincoln,  Kinney,  Lafiin, 
Legg,  Lennon,  Logan,  Long,  May,  Mayo,  Marshall,  McCub- 
bins, Merritt,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Newsom,  Nicholson, 
Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland, 
Ray,  Read,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman,  Rose, 
.Sanderlin,  Smith,  Stilwell,  Sweet,  Teague,  Trogden,  Tucker, 
Turner,  "Watts,  Welker,  and  Williams  of  Wake — S9. 

The  report  of  the  Committee  on  Homesteads  having  been 
made  a  special  order  for  the  evening  was  taken  up  and  placed 
on  its  third  and  final  reading  and  passage. 

Mr.  Jones,  of  Caldwell,  moved  to  amend  section  1st  by 
.adding  to  the  section  the  words  "  contracted  after  the  ratifi- 
cation of  .this  constitution." 


1868.]  CONVENTION  JOURNAL.  347 

On  this  amendment  the  yeas  and  nays  were  called,  yeas  34, 
nays  71. 

Those  who  voted  in  the  affirmative,  are. 

Messrs.  Aydlott,  Barnes,  Bradley,  Candler,  Colgrove,  Cox, 
Daniel,  Ellis,  Forkner,  French  of  Rockingham,  Gahagan, 
Glover,  Graham  of  Orange,  Grant  of  Northampton,  Hare, 
Heaton,  Hodnett,  Hollowell,  Ing,  Jones  of  Caldwell,  King  of 
Lincoln,  Logan,  McCubbins,  Mnllican,  Nicholson,  Petree, 
Renfrew,  Rhodes,  Robbins,  Rose,  Sweet,  Teagne,  Trogden, 
and  Tucker — 34. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Blume,  Bryan, 
Carey,  Carter,  Cherry,  Chillson,  Congleton,  Dickey,  Dowd, 
Durham,  Eppes,  Etheridge,  Fisher,  Franklin,  French  of  Bla- 
den, French  of  Chowan,  Galloway,  George,  Graham  of  Mont- 
gomery, Grant  of  Wayne,  Gully,  Gunter,  Harris  of  Wake, 
Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Hali- 
fax, Highsmith,  Hobbs,  Hoffler,  Hood,  Hyman,  King  of  Le- 
noir, Kinney,  Larlin,Legg,  Long,  Mann,  May,  Mayo,  Merritt, 
McDonald  of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Murphy,  Nance,  Newsom,  Patrick,  Parks,  Peterson,  Pierson, 
Pool,  Ragland,  Ray,  Read,  Rodman,  Sanderlin,  Smith,  Stilly, 
Stilwell,  Taylor,  Tourgee,  Turner,  Watts,  Welker  and  Wil- 
liamson— 71. 

The  amendment  was  lost. 

Mr.  Tourgee  amended  by    inserting  the   word  "  hereby ' 
between  "shall  be  "  and  "  exempted." 

Mr  Graham,  of  Orange,  moved  to  amend  by  striking  out 
all  after  the  word  "  execution." 

The  amendment  was  not  sustained. 

Mr.  Harris,  of  Wake,  amended  by  inserting  "or"  and 
striking  out  "  under." 

The  section  as  amended  was  adopted  by  the  following  vote, 
yeas  81,  nays  15  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove, 
Congleton,  Daniel,  Dickey,  Dowd,  Etheridge,  Fisher,  Frank- 


348  CONVENTION  JOURNAL.  [Session 

lin,  French,  of  Bladen,  French  of  Chowan,  Galloway,  George, 
Graham  of  Montgomery,  Graham  of  Orange,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Hare,  Harris 
of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Ileaton, 
Highsmith,  Hobbs,  Homer,  Hollowell,  Hood,  Jones  of  Cald- 
well, King  of  Lenoir,  Kinney,  Lee,  Legg,  Long,  Mann,  May, 
Mayo,  Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham, 
McDonald  of  Moore,  Moore,  Morton,  Mullican,  Murphy, 
Nance,  Newsom,  Patrick,  Parks,  Petree,  Peterson,  Pierson, 
Ragland,  Ray,  Read,  Rich,  Robbins,  Rodman,  Stilly,  Stilwell, 
Sweet,  Tourgee,  Tucker,  Turner,  Watts,  Welker,  and  William- 
son— 81. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Candler,  Cox,  Forkner,  French  of  Rockingham,  Ga- 
hagan,  Glover,  Hayes  of  Halifax,  Ing,  King  of  Lincoln,  Logan, 
Nicholson,  Rhodes,  Rose,  Smith,  and  Teague — 15. 

Section  2d  was  read. 

Mr.  French  of  Bladen,  moved  to  amend  by  inserting  "  and 
is  hereby"  before  "exempted." 

The  amendment  was  agreed  to. 

Mr.  Hood  moved  to  insert  after  homestead  "  not  to  exceed- 
one-hundred  acres  of  land." 

Lost. 

Mr.  Dowd  moved  to  amend  by  striking  out  "  one-thousand  " 
and  inserting  "two-thousand. " 

On  this  amendment  the  yeas  and  nays  were  taken,  yeas  20, 
nay  62. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Baker,  Bradley,  Cherry,  Chillson, 
Daniel,  Dowd,  Etheridge,  Fisher,  Galloway,  Graham  of 
Orange,  McDonald  of  Chatham,  Moore,  Murphy,  Newsom, 
Patrick,  Sanderlin,  Turner,  and  Welker — 20. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Andrews,  Aydlott,  Blume,  Bryan,  Carey,  Candler, 
Colgrove,  Congleton,  Cox,  Eppes,  Forkner,  Franklin,  French 
of  Bladen,  Frencli  of  Rockingham,  French  of  Chowan,  Gaha- 
gan,  George,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,   Gunter,   Hare,  Harris  of  Franklin, 


1868.]  CONVENTION  JOURNAL.  349 

Ha j,  Hayes  of  Halifax,  Heaton,  Hobbs,  Hofner,  Hollowell, 
Hood,  Hyman,  Ing,  Jones  of  Caldwell,  King  of  Lincoln, 
King  of  Lenoir,  Kinney,  Logan,  May,  Mayo,  Marshall,  Mc- 
Cubbins,  McDonald  of  Moore,  Morton,  Mnllican,  Nance, 
Nicholson,  Parks,  Petree,  Peterson,  Pool,  Ragland,  Bay, 
Rhodes,  Rich,  Rodman,  Rose,  Smith,  Sweet,  Teagne,  Tourgee, 
Tucker,  and  Watts— 62. 

The  amendment  was  lost. 

The  section  as  amended  was  adopted. 

Mr.  Hood  amended  section  3d  by  striking  out  all  after  the 
word  "debt"  in  third  line  to  the  word  "constitution"  in 
fourth  line. 

The  section  as  amended  was  adopted, 

Sections  4th,  5th  and  6th,  were  read  and  adopted. 

Mr.  Jones  amended  section  7th  by  inserting  the  words 
"judge  or." 

The  section  as  amended  was  adopted. 

Mr  Tourgee  moved  to  reconsider  the  vote  by  which  sec- 
tion 6th  was  adopted. 

Agreed  to. 

Mr.  Tourgee  moved  to  amend  by  striking  out  the  words 
"  after  the  adoption  of  this  Constitution," 

Adopted. 

The  entire  report  of  the  Committee  on  Homesteads  passed 
its  third  and  final  reading  by  the  following  vote,  yeas  65,  and 
nays  16. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Blume,  Bryan,  Carey,  Cherry,  Chilison,  Colgrove,  Congleton, 
Daniel,  Dickey,  Dowd,  Eppes,  Etheridge,  Fisher,  French  of 
Bladen,  French'  of  Chowan,  Galloway,  George,  Graham  of 
Montgomery,  Grant  of  Wayne,  Gunter,  Harris  of  Wake, 
Harris  of  Franklin,  Hay,  Heaton,  Hobbs,  Hoffler,  Hollowell, 
Hood,  Hyman,  Jones  of  Caldwell,  King  of  Lenoir,  Kinney, 
Long,  Mayo,  Marshall,  McCnbbins,  Merritt,  McDonald  of 
Chatham,  McDonald  of  Moore,  Moore,  Morton,  Murphy, 
Nance,  Newsom,  Patrick,  Parks,  Peterson,  Pool,  Ragland,, 


350  CONTENTION  JOURNAL.  [Session 

Ray,  Renfrow,  Rich,  Smith,  Stilwell,  Tourgee,  Tucker,  Tur- 
ner, Watts,  and  Welker — 65. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Candler,  Cox,  Forkner,  French  of  Rockingham, 
Gahagan,  Graham  of  Orange,  Hare,  Ing,  King  of  Lincoln, 
Logan,  Nicholson,  Petree,  Rhodes,  Rose,  Sanderlin,  and 
Teague — 16. 

On  motion,  the  House  adjourned. 


SATURDAY,  March  7th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

The  Roll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Chillson,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duck- 
worth, Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Chowan,  Fullings, 
Gahagan,  Garland,  Garrett,  George,  Glover,  Graham  of 
Montgomery,  Grant  of  Northampton,  Gully,  Gunter,  Hare, 
Harris,  of  Franklin,  Hay,  Hayes  of  Flalifax,  Highsmith, 
Hodnett,  Hofner,  Hollowell,  Holt,  Flood,  Ing,  Jones  of 
Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee, 
Lennon,  Logan,  Long,  Mann,  May,  Mayo,  Marshall,  McCub- 
bins,  Merrit,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool, 
Ragland,  Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Sanderlin,  Smith,  Stilley,  Stilwell,  Taylor,  Teague, 
Tourgee,  Trogden,  Tucker,  Turner,  Watts,  Welker  and  Wil- 
liams of  Wake — 102. 

The  Journal  of  Friday  was  read  and  approved. 

Mr.  Pool,  Chairman  of  the  Committee  on  Enrollment  and 


1868.]  CONVENTION  JOURNAL.  351 

Engrossment,  gave  notice  that  lie  would  make  a  general  re- 
port on  all  bills  engrossed,  on  Monday  next. 

Mr.  Durham,  Chairman  of  the  Committee  on  Corruption, 
etc.,  stated  that  the  Committee,  as  yet,  had  not  made  np  their 
report,  but  expected  to  be  able  to  report  on  Tuesday  or 
Wednesday  next. 

Mr.  Renfrew  introduced  an  ordinance  relating  to  mechanics 
liens. 

Referred  to  the  Committee  on  Miscellaneous  matters. 

Mr.  Turner  introduced  a  resolution  reducing  the  tax  on 
Spirits  Turpentine. 

Referred  to  the  Committee  on  Tobacco  Tax. 

Mr.  Tourgee  introduced  the  following  resolution  : 

Resolved,  That  the  Committee  on  Revision  be  directed  and 
empowered  to  procure  Parchment  for  the  purpose  of  having 
the  Constitution  enrolled  for  signature  by  the  members  of  this 
Convention. 

On  motion,  the  rules  were  suspended,  and  the  resolution 
was  adopted. 

Mr.  King,  of  Lenoir,  moved  to  re-consider  rule  42,  of  the 
Rules  of  Order,  a  majority  of  the  members  el^et,  not  voting 
in  the  affirmative. 

The  motion  was  not  sustained. 

The  following  report  of  the  Committee  on  Printing  was 
taken  up. 

The  Committee  on  Printing  beg  to  report : 

That  to  facilitate  the  business  of  this  Convention,  it  is  nee- 
esary  to  elect  a  Printer,  and  therefore,  the  Committee  recom- 
mend the  adoption  of  the  following  resolution,  viz: 

Resolved,  That  this  Convention  do  now  elect  a  Printer  for 
this  bodv. 

V 

S.  S.  ASHLEY,  Chairman. 
A.  W.  TOURGEE, 


J.  P.  ANDREWS 


ji 


S.  H.  DUCKWORTH. 
The  report  was  adopted. 


352  C0OTBOTIOM  JOURNAL.  [Session 

Mr.  McDonald,  of  Chatham,  nominated  Jos.  W.  Hold  en. 

Mr.  Turner  nominated  W.  W.  Itolden. 

Mr.  Durham  nominated  John  W.  Dunham. 

Mr.  Rodman  introduced  a  resolution  instructing  the  Com- 
mittee on  Printing,  to  contract  with  same  competent  person 
for  all  printing  required  by  this  Convention. 

Mr.  Jos.  "W.  Holden  was  elected  by  the  following  vote : 

For  Mr.  Holden — Messrs-.  Abbott,  Andrews,  Ashley,  Ayd- 
lott,  Benbow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Chill- 
son,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey-,  Duckworth, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of  Rock- 
ingham, French  of  Chowan,  Fullings,  Gahagan,  Garland., 
Garrett,  George,  Glover,  Graham  of  Montgomery,  Grant  of 
Northampton,  Gully,  Gunter,  Harris  of  Wake,  Harris  of 
Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton^ 
Highsmith,  Hobbs,  Hoffler,  Hollowell,  Ing,  King  of  Lincoln. 
King  of  Lenoir,  Kinney,  Laflin,  Lee,  Logan,  Long,  May,  Mayo. 
Marshall,  McDonald  of  Chatham,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol 
son,  Patrick,  Parker,,  Parks,  Petree,  Peterson,  Pierson,  Pool, 
Pay,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith-, 
Stilly,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden,  Tucker. 
Turner,  Watts,  Welker,  Williams  of  Wake  and  William- 
son—90. 

For  Mr.  Dunham—Messrs.  Durham,  Graham  of  Orange* 
Hare,  Holt,  Merritt  and  Sanderlin — 6. 

The  report  of  the  Committee  on  Counties,  Cities  and 
Towns,  was  taken  up  and  placed  on  its  third  and  final  reading 
and  passage. 

Sections  1st,  2d5  3d,  4th,  5th,  6th,  7th,  8th,  9th,  10th,  11th* 
12th  and  13th  were  read  and  adopted. 

Section  14th 'was  read. 

Mr.  Baker  moved  to  amend  by  adding  at  the  close  of  the 
section  : 

a  provi(j[ec[^  That  debts  contracted  for  benevolent  and  char- 
itable purposes,  shall  not  be  considered  as  coining  in  the  pur- 
view of  this  section," 


1868.]  CONVENTION  JOURNAL.  353 

Mr.  Andrews  moved  to  strike  out  "  municipal,"  on  first  line. 

The  motion  was  lost. 

Also,  strike  out  "  directly  or  indirectly." 

Not  adopted, 

The  question   recurred  on  the  amendment   of  Mr.  Baker, 
which  amendment  was  put  to  the  House  and  lost. 

The  section,  as  read,  was  adopted. 

The  entire  report  then  passed  the  third  and  final   reading 
by  the  following  vote,  yeas  87,  nays  14 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,  Eppes, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of 
Rockingham,  French  of  Chowan,  Fallings,  Gahagan,  Garland, 
"George,  Glover,  Graham  of  Montgomery,  Grant  of  North- 
ampton, Gully,  Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Hal- 
ifax, Heaton,  Highsmith,  Hobbs,  Hoffler,  Hollowell,  Hood, 
Ing,  Jones  of  Caldwell,  Kinney,  Laflin,  Lee,  Logan,  Long, 
May,  Maya,  Marshall,  McDonald  of  Chatham,  McDonald  of 
Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom, 
Patrick,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Ragland, 
Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Smith, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  "Watts,  Welker  and  Williams  of  Wake— 87. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Baker,  Bradley,  Dowd,  Durham,  Ellis,  Etheridge, 
Graham  of  Orange,  Hare,  Hodnett,  Holt,  Lennon,  McCub- 
bins,  Merritt  and  Sanderlin— 14. 

Leave  of  absence  was  granted  Messrs.  Grant  of  Wayne, 
Hyman  and  Chillson  until  Monday  next. 

The  report  of  the  Committee  on  Finance  was  taken  up  and 
placed  on  its  third  and  final  reading  and  passage. 

Sections  1st,  2d,  3d  and  4th  were  read  and  adopted,, 
Section  5th  was  read. 

Mr.  Abbott  moved  the  following  as  a  substitute  : 
"  Until  the  bonds  of  the  State  shall  be  at  par,  the  General 
Assembly  shall  have  no  power  to  ^contract  any  new  debt  or 
23 


354  CONTENTION  JOURNAL.  [Session 

pecuniary  obligation  in  behalf  of  the  State,  except  to  supply 
a  casual  deficit,  or  for  suppressing  invasion  or  insurrection, 
unless  it  shall,  in  the  same  bill,  levy  a  special  tax  to  pay  the 
interest  annually. 

"  And  the  General  Assembly  shall  have  no  power  to  give 
or  lend  the  credit  of  the  State  in  aid  of  any  person,  associa- 
tion or  corporation,  except  to  aid  in  the  completion  of  such 
Rail  Roads  and  other  works  of  Internal  Improvement,  as  are 
unfinished,  and  in  which  the  State  has  a  direct  pecuniary 
interest,  unless  the  subject  be  submitted  to  a  direct  vote  of 
of  the  people  of  the  State,  and  be  approved  by  a  majority  of 
those  who  shall  vote  thereon." 

Mr.  Jones,,  of  Caldwell,  moved  to  amend  by  striking  out 
the  second  clause  of  the  substitute. 

Mr.'  Tourgee  moved  to  amend  by  striking  out  "  are,"  in  the 
fifth  line,  and  insert  "  may  be ;"  insert  after  the  word  "  un- 
finished," in  the  5th  line,  "  at  the  time  of  the  adoption  of 
this  Constitution  ;"  strike  out  "  and  "  in  fifth  line,  and  insert 
"  or," 

Mr.  Jones  accepted  the  the  amendment  of  Mr.  Tourgee. 

Mi\  Abbott,  Chairman  of  the  Committee  on  Finance,  ac- 
cepted the  amendment  of  Mr.  Jones,  as  amended  by  Mr. 
Tourgee. 

Mr.  Candler  moved  to  strike  out  all  after  the  word  "'  annu- 
ally," in  the  sixth  line. 

The  yeas  and  nays  were  demanded  on  the  amendment  of 
Mr.  Candler. 

The  amendment  did  not  prevail  by  the  following  vote, 
yeas  38,  nays  60  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Aydlott,  Baker,  Barnes,  Benbow,  Brad- 
ley, Bryan,  Candler,  Cox,  Dowd,  Duckworth,  Durham,  Ellis, 
Etheridge,  Forkner,  French  of  Rockingham,  Fullings,  Gaha- 
gan,  Garland,  George,  Glover,  Hodnett,  Holt,  King  of  Lin- 
coln, Lennon,  Marshall,  McCubbins,  Merritt,  Murphy,  Patrick, 
Parks,  Petree,  Rhodes,  Rose,  Sanderlin,  Stilly,  Teague  and 
Trogden— 38. 

Those  who  voted  in  the  negative  are  : 


1868.]  CONTENTION  JOITKNAL.  355 

Messrs.  Abbott,  Ashley,  Blume,  Carey,  Carter,  Colgrove, 
Congleton,  Daniel,  Dickey,  Eppes,  Fisher,  French  of  Bladen, 
Graham  ofMontgomery,  Graham  of  Orange,  Grant  of  North- 
ampton, Gunter,  Hare,  Harris  of  "Wake,  Harris  of  Franklin, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hoffler,  Hollo  well,  Hood,  Ing,  Jones  of  Caldwell, 
King  of  Lenoir,  Kinney,  Laflin,  Long,  May,  Mayo,  McDonald 
of  Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mnllican, 
Nance,  Nicholson,  Parker,  Peterson,  Pierson,  Ragland,  Pen- 
fro  w,  Rich,  Bobbins,  Rodman,  Smith,  Stilwell,  Sweet,  Taylor, 
Tourgee,  Tucker,  Turner,  "Watts,  Welker,  and  "Williams  of 
Wake— 60. 

Mr.  Cowles  moved  to  strike  out  "  par,"  on  line  first,  and 
insert  "  ninety  per  cent." 

The  amendment  was  not  sustained. 

The  question  recurred  on  the  substitute,  as  amended. 

The  yeas  and  nays  were  demanded. 

The  substitute,  as  amended,  was  adopted  by  the  following 
vote,  yeas  62,  nays  30 : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Ashley,  Blunie,  Bryan,  Carey,  Carter,  Col- 
grove, Daniel,  Dickey,  Duckworth,  Eppes,  Fisher,  Franklin, 
French  of  Bladen,  French  of  Chowan,  Fullings,  Graham  of 
Montgomery,  Graham  of  Orange,  Grant  of  Northampton, 
Gunter,  Harris  of  "Wake,  Harris  of  Franklin,  Hayes  of 
Robeson,  Hayes  of  Llalifax,  Heaton,  Highsmith,  Hoffler, 
Ilollowell,  Hood,  Ing,  Jones  of  Caldwell,  King  of  Lenoir, 
Kinney,  Laflin,  Logan,  Long,  May,  Mayo,  McCubbins,  Mc- 
Donald of  Chatham,  McDonald  of  Moore,  Mullican,  Murphy, 
Nance,  Nicholson,  Parker,  Parks,  Peterson,  Ragland,  Ray, 
Renfrow,  Rich,  Robbins,  Rodman,  Smith,  Sweet,  Taylor, 
Tucker,  Turner,  Watts,  Welker  and  Williams  of  Wake— 62. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Aydlott,  Baker,  Barnes,  Bradley,  Can- 
dler, Cowles,  Congleton,  Cox,  Dowd,  Durham,  Ellis,  Ethe- 
ridge,  Forkner,  French  of  Rockingham,  Gahagan,  George, 
Glover,  Hare,  Hodnett,  Holt,  Lennon,  Marshall,  Merritt, 
Patrick,  Petree,  Rhodes,  Rose,  Sanderlin  and  Stilly — 30. 


356  CONTENTION  JOURNAL.  [Session 

Sections  6th,  7th  and  8th  were  read  and  adopted. 

The  entire  report  of  the  Committee'on  Finance,  as  amended, 
passed  its  third  and  final  reading,  by  the  following  vote,  yeas 
77,  nays  20 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Blume,  Bryan, 
Carey,  Carter,  Colgrove,  Congleton,  Daniel,  Dickey,  Duck- 
worth, Eppes,  Eisher,  Eranklin,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan, 
George,  Graham  of  Montgomery,  Grant  of  Northampton, 
Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hayes  of  Rob- 
eson, Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs  Hoffler, 
Hollowell,  Hood,  Ing,  Jones  of  Caldwell,  King  of  Lincoln, 
Kinney,  Laflin,Logan,  Long,  May,  Mayo,  Marshall,  McCub- 
bins,  McDonald  of  Chatham,  McDonald  of  Moore,  Mullican, 
Murphy,  Nance,  Newsom,  Nicholson,  Patrick,  Parker,  Parks, 
Petree,  Pool,  Raglan  d,  Ray,  Renfrow,  Rhodes,  Rich,  Robbins, 
Rodman,  Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor,  Teague, 
Tncker,  Turner,  "Watts,  Welker  and  Williams  of  Wake — 77. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Aydlott,  Baker,  Bradley,  Cowles,  Candler,  Cherry, 
Dowd,  Durham,  Ellis,  Etheridge,  Forkner,  Glover,  Graham 
of  Orange,  Hare,  Hodnett,  Holt,  Lennon,  Merritt,  Peterson 
and  Sanderlin — 20. 

Mr.  Hood,  by  permission,  introduced  a  report  of  the  Com- 
mittee on  Political  Disability. 

The  report  was,  on  motion,  received. 

Mr.  Graham,  of  Orange,  moved  the  names  be  submitted  to 
the  people. 

The  motion  was  declared  out  of  order. 

Mr,  Hood  moved  that  the  report  of  the  Committee  on  Po- 
litical Disability,  be  engrossed  for  final   action  by  this  Con-T 
vention. 

The  motion  was  sustained. 

Mr.  French,  of  Bladen,  introduced  an  ordinance  in  relatioi 
to  the  intimidation  of  voters. 

On  motion,  the  rules  were  suspended. 

The  ordinance  was  ordered  to  be  printed. 


1868.]  CONTENTION  JOURNAL.  357 

Mr.  Heaton  presented  a  report  of  the  Committee  on  Re- 
vision. 

Ordered  to  be  printed. 

On  motion,  the  House  adjourned. 


EVENING  SESSION,  March  7th,  1868. 

The  Convention  was  called  to  order  at  7-|  o'clock,  by  the 
President.  • 

The  roll  was  called  and  the  following  members  answered 
to  their  names  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carter,  Colgrove,  Congleton,  Cox,  Daniel, 
Dickey,  Duckworth,  Durham,  Eppes,  Etheridge,  Fisher, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan,  Garrett,  George,  Graham  of  Montgomery,  Grant  of 
Northampton,  Gunter,  Hare,  Harris  of  Wake,  Harris  of 
Franklin,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs, 
Hodnett,  Hoffler,  Holt,  Hood,  Ing,  King  of  Lenoir,  Kinney, 
Legg,  Lennon,  Logan,  Long,  Mann,  May,  Mayo,  McCubbins, 
McDonald  of  Chatham,  Moore,  Morton,  Mullican,  Murphy, 
Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ray,  Renfrew,  Rhodes,  Rodman,  Rose,  Sander- 
lin,  Smith,  Stilly,  Stillwell,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts  and  Welker — 79. 

The  report  of  the  Committee  on  Punishments,  Penal  Insti- 
tutions and  Public  Charities,  having  been  made  a  Special 
Order  for  this  evening,  was  taken  up. 

Mr.  Welker  moved  the  following  as  a  substitute  for  sec- 
tion 5th. 

"  A  House,  or  Houses  of  Refuge,  shall  also  be  established 
whenever  the  public  interest  shall  require  it,  for  the  correc- 
tion and  instruction  of  juvenile  offenders." 

Mr.  Candler  moved  to  amend  section  5th,  in  second  line, 
after  the  word  "  for,"  insert  the  word  "  such,"  after  the  word 
"  offenders,"  insert  the  words,  "  as  the  County  authorities  may 
deem  proper  subjects  for  the  same." 


358  CONTENTION  JOUKNAL.  [Session 

Mr.  Candler  withdrew  his  amendment. 

The  motion  of  Mr.  Hobbs,  to  strike  out  5th  section,  as 
amended,  and  insert  a  substitute,  was  put  to  the  House  and 
carried. 

Mr.  King,  of  Lenoir,  moved  to  strike  out  the  section  substi- 
tuted for  section  5th. 

The  Chair  decided  the  motion  out  of  order. 

Mr.  King  appealed  from  the  decision  of  the  Chair,  and  de- 
manded the  yeas  and  nays. 

The  demand  was  not  sustained. 

The  House  sustained  the  decision  of  the  Chair. 

Mr.  McDonald,  of  Chatham,  moved  to  reconsider  the  vote 
that  struck  out  section  5th,  and  inserted  the  substitute  of  Mr. 
Welker. 

The  motion  was  sustained 

Mr.  Heaton  offered  the  following  as  a  substitute  for  sec- 
tion 5th. 

"  The  Legislature  shall  have  power  to  provide  for  the  erec- 
tion of  such  other  Houses  for  the  purposes  of  reformation  as 
may  be  deemed  necessary  and  proper. 

Mr.  Heaton  withdrew  his  amendment  to  give  place  to  the 
following  offered  by  Mr.  Welker,  Chairman  of  the  Committee : 

Section  5.  A  House  or  Houses  of  Refuge  may,  also,  be 
established  whenever  the  public  intersests  shall  require  it,  for 
the  correction  and  instruction  of  other  classes  of  offenders. 

The  substitute  of  Mr.  "Welker,  was, 

On  motion,  adopted. 

Section  6th  was  read  and  adopted. 

Sections  7th  and  8th  were  read  and  adopted. 

Section  9th  was  read. 

Mr.  Heaton  moved  to  amend  by  striking  out  "  at  an  early 
day,"  and  insert  "  as  soon  as  prarticable." 

The  amendment  was  accepted  by  the  Chairman  of  the  Com- 
mittee. 

The  section,  as  amended,  was  adopted. 

Sections  10th  and  11th  were  read  and  adopted. 

The  entire  report  of  the  Committee  on  Punishments  and 


1868.]  CONVENTION  JOURNAL.  359 

Penal  Institutions,  passed  its  second  reading  by  the  following 
vote : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Blume,  Bradley, 
Bryan,  Carey,  Candler,  Cherry,  Colgrove,  Congleton,  Cox, 
Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,  French  of 
Chowan,  Fullings,  Gahagan,  George,  Grant  of  Northampton, 
Gunter,  Harris  of  Franklin,  Hayes  of  Halifax,  Heaton,  Hollo- 
well,  Hood,  Ing,  Jones  of  Caldwell,  Kinney,  Laflin,  Legg, 
Logan,  Long,  May,  Mayo,  Marshall,  McCubbins,  McDonald 
of  Chatham,  McDonald  of  Moore,  Mullican,  Murphy,  Nance, 
Newsom,  Nicholson,  Parker,  Parks,  Pierson,  Pool,  Kay,  Ren- 
frow,  Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilly,  Tourgee, 
Tucker,  Turner  and  Welker — 63. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Etherid«;e  and  Hobbs — 3. 

On  motion  of  Mr.  Welker,  the  report  was  ordered  to  be  en- 
grossed and  made  a  Special  Order  for  Tuesday  at  11  o'clock, 
A.M. 

Mr.  Bryan  gave  notice  that  he  would  move  to  reconsider 
the  vote  on  4th  section  of  the  report  of  the  Committee  on 
Finance. 

On  motion,  the  House  adjourned. 


MONDAY,  March  9th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  J.  W.  Hood. 

Members  present  99. 

The  Journal  of  Saturday  was  read  and  approved. 

On  motion  of  Mr.  Pool,  the  ordinance  of  relief  introduced 
by  Mr.  Rodman,  was  postponed  until  Wednesday  evening  at 
7|-  o'clock. 

The  Committee  on  Internal  Improvements  to  whom  was 
refered  the  ordinance  in  relation  to  the  Drainage  of  Matta- 
rouskeet  Lake,  reported  that  they  have  had  the  same  under 
•consideration  and  recommend  its  passage. 


360  CONVENTION  JOURNAL.  [Session 

On  motion  the  report  was  accepted. 

Mr.  Rodman  moved  the  reading  and  adoption  of  the  ordi- 
nance. 

The  Chair  declared  the  motion  out  of  order. 
Mr.  Eodman  appealed  from  the  decision  of  the  Chair. 
The  House  over  ruled  the  decision  of  the  Chair. 
The  report  of  the  Committee  was  then  adopted. 
The  following  is  the  ordinance  as  adopted  : 

AN  ORDINANCE  IN  RELATION   TO  THE  DRAIN- 
ING OF  MATTAMUSKEET  LAKE. 

Whereas,  The  agricultural  interests  of  Hyde  County  are- 
greatly  imperilled  by  the  overflow  of  the  waters  of  Lake- 
Mattamuskeet,  and  whereas  the  value  of  the  lands  in  that 
county  belonging  to  the  Common  School  fund  of  the  State  is- 
greatly  empaired  thereby,  therefore  for  the  purpose  of  drain- 
ing said  lake : 

Section  1.  Be  it  ordained  ~by  the  people  of  North- Carolina 
in  Convention  assembled,  That  David  M.  Carter,  Jones  Silen- 
cer, George  "W".  Swindell,  Riley  Murrey,  Joseph  Mann,  and 
William  S.  Carter,  are  hereby  appointed  Commissioners  and 
invested  with  full  power  to  locate  one  or  more  canals  leading 
from  lake  Mattamuskeet  for  the  purpose  of  draining  said  lake^ 
to  contract  for  the  execution  of  such  canals,  or  to  have  the- 
same  constructed  under  their  own  superintendence.  Said 
Commissioners  are  authorized  to  condemn  the  lands  through 
which  said  canals  may  pass  to  the  exclusive  use  of  such  canals 
not  to  exceed  one  hundred  feet  wide,  and  extending  from  one 
terminus  of  such  canal  to  the  other  ;  said  Commissioners 
shall  fix  the  price  to  be  paid  the  owners  of  said  land>  who. 
may  appeal  to  the  Superior  Court  of  Hyde  County,  if  dissat- 
isfied with  the  price  fixed  by  said  Commissioners  upon  said 
lands,  and  may  have  the  value  of  the  lands  condemned  for  the 
use  of  said  canals,  ascertained  by  jury,  but  the  Commissioners,. 
and  in  case  of.  such  appeal,  the  jury  also,  shall  estimate  the 
benefit  accruing  to  the  other  lands  of  said  owners  in  fixing 
the  compensation  for  so  much  as  is  appropriated  of  the  lands ^ 


1868.}  CONTENTION  JOTTBNAL.  361 

The  title  to  the  lands  tlkm  condemned,  and  to  the  lands-  and 
their  appurtenances,  shall  vest  in  said  Commissioners  and 
their  successors.  A  majority  of  said  Commissioners  shall 
constitute  a  quorum  for  the  transaction  of  any  business  what- 
ever within  the  scope  of  their  duties,,  and  a  majority  of  that 
quorum  shall  determine  all  questions  which  may  arise. 

Sec.  2.  Be  it  further  ordained \  That  an  annual  tax  is 
hereby  levied  upon  all  the  lands  in  the  County  of  Hyde  of 
one  per  centum  of  the  value  of  said  lands  as  assessed  for  tax- 
ation in  the  year  1860,  for  the  period  of  five  years,  unless  the 
said  canals  are  sooner  completed  and  paid  for ;  and  also  a 
further  tax  is  hereby  levied  upon  all  other  taxable  subjects  to> 
be  paid  annually  for  the  period  of  five  years,  if  the  same 
amount  which  the  State  of  North-Carolina  may  levy  for  State 
purposes  on  the  same  subjects  of  taxation  during  that  period,, 
and  the  money  thus  raised  by  taxation  of  lands  and  other 
subjects  or  so  much  as  shall  be  necessary,  shall  be  faithfully 
expended  by  said  Commissioners  in  the  construction  of  one 
or  more  canals,  for  the  purpose  of  draining  the  waters  of  Lake 
Mattamuskeet  so  as  to  prevent  the  overflow,  thereof. 

Sec  S.  Be  it  further  ordained,  That  it  shall  be  the  duty 
of  the  proper  officer  who  makes  out  the  tax  list  for  the  County 
of  Hyde,  also  to  make  out  and  deliver  to  the  Sheriff  of  that 
County,  a  tax  list  by  which  the  taxes  herein  levied  may  be 
collected  annually,  at  the  same  time  with  the  other  taxes,  and 
under  like  penalties  for  any  failure  or  neglect  of  duty,  and  it 
shall  be  the  duty  of  the  Sheriff  of  the  County  to  collect  and 
pay  over  to  the  Treasurer  of  the  Board  of  Commissioners  the 
taxes  herein  levied,  at  the  same  time  when  the  taxes  for  the 
State  are  payable  to  the  public  Treasurer,,  under  the  same 
penalties  for  any  failure  or  neglect  of  duty  as  are  imposed  in 
case  of  his  failure  to  pay  over  the  taxes  levied  for  State  pur- 
poses, and  the  securities  of  his  official  bonds  are  to  be  held  lia- 
ble for  the  same, 

Sec.  4,  Be  it  further  ordained,  That  said  Commissioners 
shall  appoint  one  of  their  number  President  of  their  Board,, 
and  shall  also  elect  a  Treasurer  who  shall  give  bonds  with  two 
or  more  sufficient  securities  in  the  sum  of  ten  thousand  dol- 


363  CONVENTION  JOUENAL.  [Session 

lars,  to  keep  safely  and  pay  out  properly  under  the  requisition 
of  the  President,  the  moneys  received  by  him  from  the  Sheriff 
of  Hyde  County  or  from  any  other  source,  which  are  appro- 
priated to  be  expended  by  said  Commissioners,  said  bond 
shall  be  payable  to  the  State -of  North-Carolina. 

Sec.  5.  Be  it  further  ordained,  That  whenever  a  vacancy 
may  happen  in  said  Board  of  Commissioners  by  death,  resig- 
nation, or  expulsion  for  malfeasance  of  any  of  its  members, 
by  said  Board  of  Commissioners,  such  vacancies  may  be  filled 
by  the  Commissioners  at  their  first,  or  any  meeting  there- 
after. It  shall  also  be  the  duty  of  said  Commissioners  to 
hold  at  least  one  meeting  each  year  during  the  time  of  the 
construction  of  the  canals.  The  president  and  treasurer  may 
receive  such  compensation,  for  their  services  as  a  majority  of 
the  Commissioners  shall  fix. 

Sec.  6.  Be  it  further  ordained.  That  said  Commissioners 
may  value  all  the  uncleared  swamp  lands  within  two  miles 
of  said  canals,  and  assess  an  amount  of  money  to  be  paid  for 
such  lands  in  the  proportion  to  the  advantage  accruing  to 
said  lands  by  the  canals,  not  exceeding  five  per  cent  of  their 
value  as  assessed  in  1860,  and  in  case  of  the  refusal  of  the 
owners  of  said  lands  to  pay  said  assessment,  the  said  Com- 
missioners may  file  their  petition  in  the  Superior  Court  of 
Hyde  County,  and  have  a  judgement,  condemning  said  lands 
to  be  sold  to  pay  such  assessment.  Provided,  That  the  ques- 
tion of  the  valuation  of  said  lands  may  be  reviewed  by  a  jury 
of  said  Court. 

Sec.  7.  Be  it  further  ordained,  That  if  a  majority  of  the 
whole  number  of  said  Commissioners  shall  be  of  opinion  that 
the  best  plan  to  drain  said  lake  is  by  cutting  a  canal  from 
the  head  of  Broad  Creek  to  the  head  of  Alligater  Biver,  then 
said  Commissions  may  also  expend  any  part  of  the  moneys 
herein  appropriated  in  cutting  said  canal. 

Sec.  8.  Be  it  further  ordained,  That  this  ordinance  shall 
be  submitted  to  the  qualified  voters  of  Hyde  County  for  their 
approval  or  rejection,  under  the  direction  of  the  County  Court 
of  said  County,  or  the  Commissioners  for  said  County,  and 
.shall  take  the  proper  means  for  that  purpose  and  declare  the 


1868.]  CONTENTION  JOURNAL.  363 

result,  and  if  approved  by  a  majority  of  the  qualified  voters, 
who  shall  vote  upon  the  question,  shall  go  into  force  and  ef- 
fect from  and  after  such  approval. 

The  Committee  on  Internal  Improvements  to  whom  was 
referred  the  ordinance  to  incorporate  the  North  Western 
North- Carolina  Rail  Road  Company,  reported  that  they  had 
the  same  under  consideration,  and  recommend  its  passage. 

The  hour  of  11  o'clock  having  arrived,  Mr.  McDonald  of 
Chatham,  moved  a  postponement  of  the  general  order. 

The  motion  prevailed. 

The  ordinance  passed  its  first  reading. 

On  motion  the  rules  were  suspended  and  the  ordinance 
passed  its  second  reading. 

On  motion  o±  Mr.  Abbott,  the  rules  were  again  suspended 
and  the  Ordinance  passed  its  third  and  final  reading  by  the 
following  vote,  yeas  81,  nays  11 : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Colgrove,  Congleton,  Cox,  Daniel,  Duckworth,  Durham, 
Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French 
of  Rockingham,  Fullings,  Gahagan,  Galloway,  Garland, 
Garrett,  Graham  of  Montgomery,  Graham  of  Orange,  Grant 
of  Wayne,  Gully,  Gunter,  Harris  of  Wake,  Harris  of  Frank 
lin,  Hayes  of  Robeson,  Heaton,  Hoffler,  Hollowell,  Holt, 
Hood,  Ing,  Jones  of  Caldwell,  King  of  Lincoln,  Kinney, 
Laflin,  Lee,  Legg,  Logan,  Long,  Mann,  May,  Mayo,  Mar- 
shall, McCubbins,  McDonald  of  Chatham,  McDonald  of 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Parks,  Petree, 
Pierson,  Ray,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman, 
Rose,  Smith,  S  til  well,  Sweet,  Teague,  Tourgee,  Trogden, 
Tucker,  Watts,  and  Welker— 81. 

Those  who  voted  in  the  negative,  are  : 

Messrs,  George,  Grant  of  Northampton,  Hare,  Hay,  King, 
of  Lenoir,  Lennon,  Moore,  Parker,  Peterson,  Sanderlin,  and 
Turner— 11. 

The  following  is  the  ordinance  as  adopted  : 


364  CONTENTION  JOURNAL.  [Session 

AN  ORDINANCE  TO  INCOEPOEATE  THE  NOETII 
WESTEEN  NOETH-CAEOLINA  EAIL  EOAD  COM- 
PANY. 

Section  1.  Beit  ordained  by  the  people  of North-Carolina, 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  for  the  purpose  of  constructing  a 
Eail  Eoad  of  one  or  more  tracks,  from  some  point  on  the 
North-Carolina  Eailroad,  between  the  town  of  Greensboro', 
in  Guilford  County,  and  the  town  of  Lexington,  in  Davidson 
County,  running  by  way  ol  Salem  and  Winston,  in  Forsyth 
County,  to  some  point  on  the  Northwestern  Boundary  line  of 
the  State,  to  be  hereafter  determined,  a  company  is  here- 
by incorporated,  under  the  name  and  style  of  the  North  West- 
ern North-Carolina  Eail  Eoad  Company,  with  a  capital  stock 
of  two  millions  of  dollars  which  shall  have  a  corporate  exis- 
tence and  body  politic,  for  the  space  of  ninety-nine  years,  and 
by  that  name  may  sue  and  be  sued,  plead  and  be  impleaded, 
in  any  court  of  law  and  equity  in  the  State  of  North-Caroli- 
na, and  may  have  and  use  a  common  seal,  and  shall  be  capa- 
ble in  law  and  equity  of  purchasing,  holding,  leasing,  and  con- 
veying estates,  real  and  personal  and  mixed,  and  of  acquiring 
the  same  by  gift  or  devise  so  far  as  may  be  necessary  for  the 
objects  herein  contemplated,  and  no  further,  and  said  Compa- 
ny may  enjoy  all  other  rights  and  immunities  which  other 
incorporate  bodies  may  lawfully  exercise,  and  may  make  all 
necessary  by-laws,  and  regulations  for  its  government,  not 
inconsistent  with  the  Constitution  and  laws  ol  the  State  of 
North-Carolina,  and  of  the  United  States. 

Sec  2.  Be  it  further  ordained,  That  the  capital  stock  of  said 
Company  may  be  created,  by  subscriptions  on  the  part  of  in- 
dividuals, corporations,  and  counties,  in  shares  of  one  hun- 
dred dollars. 

Sec.  3.  Be  it  further  ordained,  That  books  of  subscription 
to  the  capital  stock  of  said  Company  shall  be  opened  by  the 
following  Commissioners,  to  wit :  I.  G.  Lash,  J.  A.  Vogler, 
H.  W.  Tris,  in  the  town  of  Salem,  and  Thos.  J.  Wilson,  Jas. 
Hasten,  P.   A.  Wilson,  in  the  town  of  Winston,  and  by  such 


J  868.]  CONTENTION  JOURNAL.  865 

other  persons,  and  in  such  other  places,  as  the  aforesaid  Com- 
missioners may  direct,  and  that  ten  days  notice  of  the  opening 
of  said  books,  shall  be  given  in  one  or  more  newspapers  of 
this  State ;  and  further  more,  that  the  said  Commissioners  or 
any  four  of  them  may  at  any  time  after  said  books  have  been 
kept  open  for  the  space  of  thirty  days,  and  the  sum  ot  thirty 
thousand  dollars  has  been  subscribed  to  the  capital  stock  of 
said  Company  and  five  per  cent  paid  thereon,  shall  have  pow- 
er to  call  together  the  subscribers  to  said  stock,  for  the  pur- 
pose of  completing  the  organization  of  said  company,  and  the 
said  subscribers  shall  be  and  are  hereby  declared  incorpora- 
ted into  a  Company  by  the  said  name  and  style  of  the  North- 
Western  North-Carolina  Rail  Road  Company,  and  the  said 
Company  may  from  time  to  time  receive  further  subscriptions 
to  its  capital  stock,  as  it  may  deem  proper. 

Sec.  4.  Be  it  further  ordained,  That  said  Company  may 
hold  annual  meetings  of  its  Stockholders,  and  oftener  if 
necessary,  and  at  its  organizations  and  the  annual  meetings 
subsequent  thereto,  ten  directors  shall  be  elected  to  hold  office 
for  one  year,  or  until  their  successors  shall  be  elected,  and  any 
of  said  meetings  shall  have  power  to  make  or  alter  the  by- 
laws of  the  Company.  Provided,  That  in  all  such  meetings 
of  the  Stockholders  a  majority  of  all  the  stock  subscribed 
shall  be  represented  in  person  or  by  proxy,  which  proxy  shall 
be  verified  in  the  manner  prescribed  by  the  by-laws  of  the 
Company,  and  each  share  thus  represented  shall  be  entitled 
to  one  vote  on  all  questions  ;  that  it  shall  be  the  duty  of  the 
Directors  of  the  Company  to  elect  one  of  their  number  as 
President,  and  to  fill  all  vacancies  in  their  board. 

Sec.  5.  Be  it  further  ordained,  That  after  the  organiza- 
tion of  said  Company,  and  the  election  of  the  President  and 
other  necessary  officers,  the  officers  so  elected  shall  proceed 
under  the  advice  of  the  Directors  to  locate  the  eastern  ter- 
minus of  the  North  Western  North-Carolina  Rail  Road, 
and  shall  proceed  to  construct  said  road  with  one  or  more 
tracks,  as  speedily  as  practicable,  in  sections  of  five  miles  each 
to  the  towns  of  Winston  and  Salem,  in  Forsyth  County,  which 
portion  of  said  Rail  Road  when  completed,  shall  constitute  its 


Z8Q  CONTENTION  JOURNAL.  [Session 

first  division.  Provided,  That  if  the  distance  from  the  nearest 
section  to  the  towns  of  Salem  and  Winston  be  less  than  five 
miles,  the  same  shall  be  considered  a  section. 

Sec.  6.  Be  it  further  ordained,  That  said  Company  shall 
have  the  same  power  to  call  for  And  enforce  the  payment  of 
stock  subscribed,  as  was  heretofore  granted  to  the  North-Car- 
olina Rail  Road  Company,  by  their  charter,  of  incorporation, 
and  shall  have  power  to  condemn  land  for  the  use  of  the 
Company,  when  a  contract  to  purchase  cannot  be  made  with 
the  owner  thereof,  to  the  same  extent,  and  in  the  same  man- 
ner, and  under  the  same  rules,  regulations,  and  restrictions, 
as  the  said  North-Carolina  Rail  Road  Company,  were  autho- 
ized  to  do  by  their  act  of  incorporation. 

Sec.  7.  Be  it  further  ordained,  That  all  contracts  made 
and  entered  into  by  the  President  or  Superintendent,  of  the 
Company  whether  with  or  without  seal,  shall  be  binding  upon 
the  Company,  and  the  President  shall,  under  the  instruc- 
tions of  the  Board  of  Directors,  issue  certificates  of  stock  the 
Stockholders,  which  shall  be  transferable  in  the  manner 
prescribed  by  the  by-laws  of  the  Company. 

Sec  8.  Be  it  further  ordained,  That  whenever  the  Pres- 
ident and  Chief  Engineer  of  said  Company  shall  certify  to 
the  Governor  of  the  State,  that  the  grading  of  any  of  the  sec- 
tions of  said  road  as  mentioned  in  section  5th  of  this  ordi- 
nance is  completed,  and  ready  for  the  superstructure,  he  shall 
direct  the  Public  Treasurer,  of  the  State  to  loan,  in  behalf  of 
the  State  to  said  Company,  the  sum  of  fifty  thousand  dollars 
in  coupon  bonds,  and  in  like  manner,  the  Governor  will  di- 
rect similar  loans  to  be  made  to  the  Company  upon  the  com- 
pletion of  the  grading  of  each  and  every  section  until  the  first 
division  is  graded  entire,  and  said  Company  shall  set  aside  the 
receipts  of  the  road  over  and  above  its  annual  expenses,  as  a 
sinking  fund  to  pay  the  said  debts  and  interest  on  the  whole 
amount  of  said  debt  and  interest,  to  be  paid  before  the  said 
Compan}T  shall  order  any  dividends  in  the  stock  of  the  Com- 
pany, and  that  said  sinking  fund  so  produced  shall  be  semi- 
annually paid  into  the  Public  Treasury. 

Sec.  9„  Be  it  further  ordained,  That  no  part  of  said  loan  or 


1868.]  CONVENTION  JOUHNAL.  367 

bonds  shall  be  delivered  to  said  Company,  until  the  President 
and  Directors  thereof  shall  execute  and  deliver  to  the  Gov- 
ernor of  the  State  a  mortgage  on  the  entire  Road  and  its  pro- 
perty, conditioned  to  save  the  State  harmless,  against  the  loss 
of  both  principal  and  interest  of  said  loan. 

Sec.  10.  Be  it  further  ordained,  That  the  coupon  bonds 
loaned  as  aforesaid,  shall  be  signed  by  the  Governor,  coun- 
tersigned by  the  Treasurer,  and  sealed  with  the  Great  Seal  of 
the  State,  bearing  six  per  cent  interest,  the  principal  payable 
at  the  end  of  thirty  years  from  the  date  thereof,  and  the 
coupons  for  interest  payable  semi-annually,  in  such  form  as 
the  Public  Treasurer  may  direct. 

Sec.  11.  Be  it  further  ordained,  That  said  Company  may 
have  the  exclusive  right  of  transporting  persons  and  freight 
upon  said  Road  at  such  rate  of  charge  as  the  Board  of  Direc- 
tors may  fix,  and  may  have  power  to  farm,  or  lease  the  same 
to  any  person,  persons  or  corporations. 

Sec  12.  Be  it  further  ordained,  That  the  Stockholders  of 
the  said  Company  may  pay  the  stock  subscribed  by  them, 
either  in  money,  labor  or  material,  for  constructing  said  Road, 
as  the  Board  of  Directors  of  said  Company  may  determine, 
and  that  all  Counties  and  Towns  subscribing  stock  to  said 
Company,  shall  do  so  in  the  same  manner  and  under  the 
same  rules,  regulations  and  restrictions  as  are  set  forth  and 
prescribed  in  the  act  incorporating  the  North-Carolina  and 
Atlantic  Rail  Road  Company,  for  the  gomernment  of  such 
Towns  and  Counties,  as  now  allowed  to  subscribers  to  the 
capital  stock  of  said  Company. 

Sec.  13.  Be  it  further  ordained,  That  the  Company  shall 
have  power  to  construct  branches  to  said  Rail  Road,  one  of 
which  shall  run  from  said  towns  of  Salem  and  Winston,  by 
way  of  Mount  Airy,  in  Surry  County,  to  the  line  of  the  State 
of  Virgin  i  a. 

Sec  14.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification. 

The  hour  of  12  having  arrived,  the  report  of  the  Committee 
on  Education,  &c,  was  placed  on  its  third  and  final  reading. 

Sections  1st  and  2d  were  read  and  adopted. 


368  CONTENTION  JOURNAL.  [Session 

Section  3d  was  amended  by  striking  out  the  word  "  Pri- 
mary." 

The^  section,  as  amended,  was  adopted, 

Sections  4th  and  5th  were  read  and  adopted. 

Section  6th  was  amended  by  adding  after  the  word  "  ac- 
crued," in  fourth  line,  the  words,  "  to  the  State ;"  strike  out 
*'  to  the  State,"  in  the  fifth  line ;  after  the  word  "  escheats," 
on  fifth  line,  insert  "  unclaimed  dividends." 

The  section,  as  amended,  was  adopted. 

Sections  7th,  8th,  9th,  10th,  11th,  12th,  13th,  14th,  15th, 
16th  and  17th  were  read  and  adopted. 

The  report  then  passed  its  third  and  final  reading  by  the 
following  vote,  yeas  78,  nays  10  : 

Those  who  voted  in  the  affirmative,  are ! 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Colgrove, 
Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner, 
Franklin,  French  of  Chowan,  Fullings,  Gahagan,  Galloway, 
Garland,  George,  Grant  of  Wayne,  Gully,  Gunter,  Harris  of 
Wake,  Hay,  Hayes  of  Robeson,  Heaton,  Hobbs,  Hotfler, 
Hollowell,  Hood,  Ing,  Kinney,  Laflin,  Lee,  Legg,  Logan, 
Long,  May,  Mayo,  Marshall,  McDonald  of  Chatham,  McDon- 
ald of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland, 
Ray,  Renfrew,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith, 
S til  well,  Sweet,  Teague,  Tourgee,  Tucker,  Turner,  Watts 
and  Welker—  87. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Baker,  Dowd,  Durham,  Ellis,  Etheridge,  Hodnett, 
Lennon,  McCubbins,  Sanderlin  and  Williams  of  Wake. — 10. 

On  motion  of  Mr.  Heaton,  the  report  of  the  Committee  on 
Revision,  was  taken  up  and  passed  its  first  reading. 

On  the  second  reading. 

Mr.  Durham  offered  the  following  as  a  substitute  for  the 
entire  report. 

Clause  IsL  No  Convention  of  the  people  shall  be  called  by 
the  General  Assembly,  unless  by  the  concurrence  of  two-thirds 
of  all  the  members  of  each  House  of  the  General  Assembly. 


AS6S.3  CONVENTION  JOURNAL.  369 

Clause  2d.  No  part  of  the  Constitution  of  this  State  shall 
be  altered,  unless  a  bill  to  alter  the  same  shall  have  been  read 
three  times  in  each  House  of  the  General  Assembly  and 
-agreed  to  bv  three-fifths  of  the  whole  number  of  members  of 
•each  House  respectively;  nor  shall  any  alteration  take  place 
until  the  bill  so  agreed  to,  shall  have  been  published  six 
months  previous  to  a  new  election  of  members  to  the  General 
Assembly.  If  after  such  publication,  the  alteration  proposed 
by  the  preceding  General  Assembly,  shall  be  agreed  to  in 
the  first  session  thereafter,  by  two-thirds  of  the  whole  repre- 
sentation in  each  House  of  the  General  Assembly,  after  the 
same  shall  have  been  read  three  times,  on  three  several  days 
in  each  House,  then  the  said  General  Assembly  shall  prescribe 
a  mode  by  which  the  amendment  or  amendments  may  be 
submitted  to  the  qualified  voters  of  the  House  ot  Representa- 
tatives  throughout  the  State,  and  if,  upon  comparing  the 
votes  given  in  the  whole  State,  it  shall  appear  that  a  majority 
of  the  voters  have  approved  thereof,  then,  and  not  otherwise, 
the  same  shall  become  a  part  of  the  Constitution. 

Mr.  Durham  moved  to  strike  out  "  two-thirds,"  and  insert 
*'  three-fifths,"  after  the  words  "  agreed  to  in  the  first  session 
thereafter," 

The  yeas  and  nays  were  demanded. 
The  call  was  sustained, 

The  amendment  was  lost  by  the  following  vote,  yeas  &2, 
nays  6Q ; 

Those  who  voted  in  the  affirmative  are : 
Messrs.  Baker,  Bradley,  Congleton,  Durham,  Ellis,  Ethe- 
ridge,  French  of  Chowan,  George,  Hare,  Hodnett,  Hoffler, 
Hollowell,  Holt,  King  of  Lincoln,  Lennon,  Marshall,  McCub- 
bins,  McDonald  of  Chatham,  Rich,  Rodman,  Sanderlin  and 
Turner— 22. 

Those  who  voted  in  the  negative,  are  i 
Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow,  Blume, 
Bryan,  Carey,  Candler,  Colgrove,  Cox,  Dickey,  Duckworth, 
Fisher,  Forkner,  Franklin,  French  of  Rockingham,  Fullings, 
Gahagan,  Garland,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gully,  Gunter,  Harris  of  Wake,  Hay, 
24 


370  CONVENTION  JOURNAL.  [Session 

Hayes  of  Robeson,  Heaton,  Hobbs,  Hood,  Ing,  King  of  Lin- 
coln, Kinney,  Laflin,  Lee,  Legg,  Logan,  Long,  May,  Mayo, 
McDonald  of  Moore,  Morton,  Mnllican,  Murphy,  Nance, 
Newsom,  Nicholson,  Parker,  Petree,  Peterson,  Pierson,  Pool, 
Ragland,  Ray,  Renfrow,  Rhodes,  Robbing,  Rose,  Smith,  Stil- 
well,  Teague,  Tourgee,  Trogden,  Tucker,  Watts,  Welker  and 
Williams 'b'f  Wake— 66. 

Mr.  Nicholson  moved  to  amend  by  inserting  after  the  words, 
"majority  of  the  voters,"  the  words,  "voting  thereon." 

The  amendment  was  adopted. 

The  report  passed  the  second  reading  by  the  following  voter 
yeas  82,  nays  7  : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Ben- 
bow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Colgrove,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Ethe- 
ridge,  Fisher,  Forkner,  Franklin,  French  of  Rockingham, 
French  of  Chowan,  Fulliugs,  Gahagan,  Garland,  Garrett,. 
George,  Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Heaton, 
Highsmith,  Hobbs,  Homer,  HoUowell,  Hood,  lug,  Jone3  of 
Caldwell,  King  of  Lincoln,  Kinney,  Laflin,  Lee,  Legg,  Long. 
May,  Mayo,  McDonald  of  Chatham,  McDonald  of  Moore, 
Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nicholson, 
Parker,  Parks,  Petree,  Peterson,  Pierson,  Ragland,  Ray, 
Renfrow,  Rhodes,  Robbing,  Rodman,  Rose,  Smith,  Teague, 
Tourgee,  Trogden,  Tucker,  Turner,  Watts,  Welker  and  Wil- 
liams of  Wake — 82. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Hare,  Hodnett,  Holt,  Marshall,  Rich  and 
Sanderlin — 7. 

On  motion  of  Mr.  Heaton,  the  rules  were  suspended,  and 
the  report  of  the  Cammittee  on  Revision  was  placed  upon  its 
third  and  final  reading  and  passage. 

The  report  was  adopted  by  the  following  vote,  yeas  86, 
nays  S : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Benbow,  Blume,  Bradley. 


1868.]  CONVENTION  JOURNAL.  371 

Bryan,  Carey,  Carter,  Candler,  Colgrove,  Congleton,  Cox, 
Dickey,  Duckworth,  Eppes,  Etheridge,  Fisher,  Forkner, 
Franklin,  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Gahagan,  Galloway,  Garland,  Garrett,  George,  Graham 
of  Montgomery,  Grant  of  Northampton,  Gully,  Gunter,  Har- 
ris of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  High  smith,  Ilobbs,  Hoffier,  Hollowell,  Hood,  Ing, 
Jones  of  Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Kinney, 
Laflin,  Lee,  Legg,  Long,  Mann,  May,  Mayo,  McDonald  of 
Chatham,  McDonald  of  Moore,  Moore,  Morton,  Mullican, 
Murphy,  Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree, 
Peterson,  Pierson,  Pool,  Ragland,  Ray,  Renfrow,  Rhodes, 
Bobbins,  Rodman,  Rose,  Smith,  Stilwell,  Teague,  Tourgee, 
Trogden,  Tucker,  Turner,  Watts,  Welker  and  Williams  of 
Wake— 86. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Durham,  Ellis,  Hare,  Hodnett  and  Marshall — 5. 

Mr.  Tourgee  moved  to  reconsider  the  vote  on  the  ordi- 
nance in  relation  to  the  Western  North-Carolina  Rail  Road 
Company. 

Mr.  Abbott  moved  to  lay  the  motion  on  the  table. 

The  motion  was  sustained. 

Mr.  Tourgee,  by  permission,  introduced  the  following  res- 
olution : 

Resolved,  That  a  Committee  of  three  be  appointed  by  vote 
of  the  Convention,  to  enquire  whether  the  signature  of  a  pre- 
siding officer  who  is  not  a  registered  voter  under  the  provis- 
ions of  the  Reconstruction  Acts,  will  in  any  way  effect  the 
validity  of  the  Acts  of  this  Convention,  and  that  said  Com- 
mittee be  required  to  report  on  Wednesday  next. 

On  motion,  the  rules  were  suspended. 

Mr.  King,  of  Lincoln,  moved  to  lay  the  resolution  on  the 
table. 

The  yeas  and  nays  were  demanded. 

The  call  was  not  sustained. 

The  motion  to  lay  on  the  table  was  lost. 

The  question  recurred  on  the  adoption  of  the  resolution, 
which  was, 


372  CONTENTION  JOUENAL.  [Session 

On  motion,  adopted. 

The  House  elected  the  following  gentlemen  as  the  Com- 
mittee called  for  by  the  resolution  of  Mr.  Tourgee  : 

Messrs.  Rodman,  Heaton  and  Pool. 

On  motion  of  Mr.  Abbott,  it  was  the  sense  of  the  Conven- 
tion that  the  President  will  occupy  the  Chair  during  the  ses- 
sion of  the  Convention. 

Mr.  Laflin  introduced  an  ordinance  vacating  certain  offices, 
and  called  for  a  suspension  of  the  rules. 

The  call  was  not  sustained. 

The  ordinance  lies  over  under  the  rules. 

Mr.  Heaton  introduced  an  ordinance  to  incorporate  the 
Newbern  Turpentine  Company. 

Mr.  Hare  introduced  a  resolution  on  the  final  adjournment. 

Mr.  Watts  introduced  an  ordinance  to  aid  the  Tarboro  and 
Williamston  Rail  Road  Company. 

Referred  to  the  Committee  of  sixteen. 

Mr.  Ashley  arose  to  a  point  of  order,  and  stated  that  it  was 
an  order  of  the  House,  that  all  ordinances  and  resolutions 
shonld  pass  through  a  Committee,  who  should  report  what 
they  thought  necessary,  to  the  House  for  action. 

The  Chair  decided  the  point  well  taken. 

On  motion  the  House  adjourned. 


EVENING  SESSION,  Makch  9th,  1868. 

The  Convention  was  called  to  order  at  7J  o'clock  by  the 
President. 

The  roll  was  called  and  the  following  members  answered  to 
their  names : 

Messrs.  Aydlott,  Barnes,  Benbow,  Blnme,  Bradley,  Carey, 
Carter,  Candler,  Cherry,  Chillson,  Congleton,  Cox,  Duck- 
worth, Ellis,  Eppes,  Fisher,  Forkner,  Franklin,  Gahagan, 
Galloway,  George,  Graham  oi  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gully,  Gunter,  Hare,  Harris  of  Wake, 
Hay,  Hayes-  of  Robeson,  Hayes  of  Halifax,  Hobbs,  Hodnett, 
Homer,  Hollowell,  Hood,  Hyman,  Ing,  Xing  of  Lincoln, 


1868.]  •     CONTENTION"  JOURNAL.  373 

Kinney,  Lennon,  Logan,  Long,  Mayo,  Marshall,  McCubbins, 
McDonald  of  Chatham,  Moore,  Morton,  Nance,  Newsom, 
Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pay,  Read, 
Rhodes,  Rich,  Rose,  Sanderlin,  Smith,  Stilly,  Stilwell, 
Teague,  Tourgee,  Trogclen,  Tucker,  Turner,  Watts,  Welker 
and  Williams  of  Wake — 71. 
'Leave  of  absence  was  granted  Mr.  McDonald  of  Chatham. 

The  report  of  the  Committee  on  Suffrage  having  been  made 
the  Special  Order  for  the  evening,  was  taken  up. 

Mr.  Pool  called  the  previous  question  on  the  Article  on 
Suffrage. 

The  call  was  sustained. 

The  Article  passed  the  second  reading  by  the  following 
vote,  yeas  61,  nays  19  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Barnes,  Benbow,  Blume, 
Bryan,  Carter,  Cherry,  Congleton,  Daniel,  Eppes,  Forkner, 
Franklin,  French  Chowan,  Fullings,  Galloway,  George, 
Grant  of  Wayne,  Grant  of  Northampton,  Gully,  Guuter, 
Harris  of  Wake,  Hay,  Hayes  of  Halifax,  Highsmith,  Hobbs, 
Hoffler,  Hollowell,  Hood,  Hyman,  Ing,  Jones  of  Caldwell, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Mayo,  Mc- 
Donald of  Chatham,  Moore,  Nance,  Newsom,  Nicholson, 
Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool,  Ragland, 
Renfrow,  Rich,  Robbins,  Rodman,  Smith,  Stilly,  Stilwell, 
Sweet,  Tucker,  Turner  and  Watts — 61. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Candler,  Cox,  Dickey,  Duckworth,  Etheridge,  Ga- 
hagan,  Graham  of  Montgomery,  Hare,  Hayes  of  Robeson, 
Hodnett,  Logan,  May,  Marshall,  Merritt,  Rhodes,  Rose,  San- 
derlin, Teague  and  Welker — 19. 

The  report  of  the  Committee  on  Eligibility  to  Office  was 
taken  up. 

Section  1st  was  read  and  adopted. 

Section  2d  was  read. 

Mr.  Hood  moved  to  strike  out  all  after  the  words,  "  Al- 
mighty God,"  on  the  third  line. 

Mr.  Candler  offered  to  substitute   exceptions  first,   second 


374  CONVENTION  JOURNAL.  [Session 

and  fourth  of  the  minority  report,  for  the  exceptions  in  sec- 
tion 2d  of  the  majority  report. 

After  some  discussion,  Mr.  Pool  called  the  previous  ques- 
tion. 

The  call  was  sustained. 

The  yeas  and  nays  were  granted  on  the  substitute  of  Mr. 
Candler. 

The  substitute  was  lost  by  the  following  vote,  yeas  21, 
nays  63 : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Candler,  French  of  Rockingham,  French  of 
Chowan,  Gahagan,  Galloway,  Graham  of  Montgomery,  Hayes 
of  Robeson,  Kinney,  Logan,  Mann,  May,  Marshall,  Morton, 
Newsoin,  Ragland,  Renfrow,  Rhodes,  Rose,  Teague  and 
Welker— 81.  ' 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Benbow,  Blnme, 
Bradley,  Bryan,  Carey,  Colgrove,  Congleton,  Cox,  Daniel, 
Dowd,  Durham,  Ellis,  Eppes,  Etheridge,  Forkner,  Franklin, 
George,  Glover,  Grant  of  Northampton,  Gully,  Gunter,  Hare, 
Harris  of  Wake,  Hay,  Heaton,  Highsmith,  Hobbs,  Ilodnett, 
Hofner,  Hollowell,  Holt,  Hyman,  Ing,  Jones  of  Caldwell, 
King  of  Lincoln,  King  of  Lenoir,  Lee,  Legg,  Lennon,  Long, 
McCubbins,  Merritt,  McDonald  of  Chatham,  Nicholson, 
Parker,  Parks,  Petree,  Pierson,  Pool,  Read,  Rich,  Robbins, 
Rodman,  Sanclerlin,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor, 
Turner  and  "Watts — 63. 

Mr.  Hood  withdrew  his  amendment. 

The  section,  as  read,  was  adopted. 

The  Article  on  Eligibility  to  Office  passsed  its  second  read- 
ing by  the  following  vote,  yeas  51,  nays  34 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Benbow,  Blume, 
Bryan,  Carey,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,/ 
Daniel,  Dowd,  Eppes,  Forkner,  George,  Glover,  Grant  of 
Northampton,  Gunter,  Harris  of  Wake,  Hay,  Heaton,  High- 
smith,  Hobbs,  Homer,  Hollowell,  Ing,  Jones  of  Caldwell, 
King  of  Lincoln,  King  of  Lenoir,  Legg,  Mann,  Mayo,  McDon- 


1868.]  CONVENTION"  JOURNAL.  3T5 

aid  of  Chatham,  Nicholson,  Parker,  Parks,  Pierson,  Pool, 
Read,  Rieh,  Robbins,  Rodman,  Stilly,  Stilwell,  Sweet,  Tay- 
lor, Turner  and  Watts — 51. 

Those  who  voted  in  the  negative  are :. 

Messrs.  Abbott,  Candler,  Dickey,  Durham,  Ellis,  Ethe- 
ridge,  French  of  Bladen,  French  of  Rockingham,  Gahagan, 
•Galloway,  Graham  of  Montgomery,  Hare,  Hayes  of  Robe- 
son, Holt,  Kinney,  Lennon,  Logan,  May,  Marshall,  McCub- 
hins,  Merritt,  Moore,  Morton,  Nance,  Newsom,  Ragland, 
Renfrow,  Rhodes,  Rose,  Sanderlin,  Smith,  Trogden,  Tucker 
.and  Welker— 31. 

On  motion,  the  report  of  the  Committee  on  the  Judicial 
Department  was  taken  up. 

Section  59th  was  amended  by  adding  the  following  words : 

"  In  case  of  a  vacaney  existing  from  any  cause,  in  any  of 
the  offices  created  by  this  section,  the  Commissioners  for  the 
■County  may  appoint  to  such  office  for  the  unexpired  term.1' 

Mr.  Tourgee  moved  to  amend  section  third  by  striking  out, 
"  General  Assembly,"  .and  insert  "  Governor." 

The  amendment  was  accepted. 

The  report  of  the  Committee  on  the  Judicial  Department, 
passed  its  seeond  reading  by  the  following  vote,  yeas  62, 
nays  12: 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Benbow, 
Blume,  Bryan,  Carey,  Candler,  Chillson,  Colgrove,  Congle- 
ton,  Cox,  Duckworth,  Eppes,  Fisher,  Forkner,  Franklin, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan, Galloway,  George,  Grant  of  Northampton,  Gunter,  Hay, 
Hayes  of  Robeson  j  Heaton,  Highsmith,  Hobbs,  Hollowell, 
Hyman,  Ing,  Jones  of  Caldwell,  Kinney,  Laflin,  Legg,  Long, 
May,  Mayo,  McDonald  of  Chatham,  Nance,  Nicholson,  Par- 
ker, Parks,  Read,  Rhodes,  Rich,  Robbins,  Rodman,  Rose, 
Smith,  Stilwell,  Sweet,  Teague,  Tourgee,  Trogden,  Tucker, 
Watts  and  Welker— 62. 

Those  who  voted  in  the  negative  are : 

Messrs.  Baker,  Bradley,  Dowd,  Durham,  Ellis,  Etheridge, 
Hare.  Holt,  McCubbins.,  Merritt,  Pool  and  Sanderlin — \%. 


376  CONVENTION  JOURNAL.  [Session 

The  following  remaining  report  of  the  Committee  on  the 
Judicial  Department  was  taken  up  and  passed  its  first  reading  r 

REPORT  OF  COMMITTEE. 

The  undersigned  respectfully  report  the  within  as  part  of 
their  report  on  the  organization  of  the  Judicial  Department. 

WILL.  B.  RODMAN,  Chairman. 
G.  WM.  WELKER, 
A.  W.  TOURGEE, 
E.  B.  TEAGUE, 
A.  H.  GALLOWAY. 


JUSTICES  OF  THE  PEACE. 

Section  1.  In  each  township  (precinct  or  other  subdivision) 
of  the  Counties  of  this  State,  two  Justices  of  the  Peace  shall 
be  elected  by  the  qualified  voters  thereof,  as  is  prescribed  for 
the  election  o±  members  of  the  General  Assembly.  The  Gen- 
eral Assembly  may  provide  for  the  election  of  a  larger  num- 
ber in  Cities  and  Towns,  and  in  those  townships  in  which 
Cities  and  Towns  are  situated.  They  shall  hold  their  offices 
for  two  years. 

Sec.  2.  They  shall  have  jurisdiction  under  such  regulations- 
as  the  General  Assembly  shall  prescribe  of  all  civil  actions 
founded  on  contract,  wherein  the  sum  demanded  shall  not 
exceed  two  hundred  dollars,  and  wherein  the  title  to  real 
estate  shall  not  be  in  controversy ;  and  of  all  criminal  matters 
arising  within  their  Counties,  where  the  punishment  cannot 
exceed  a  fine  of  fifty  dollars  or  imprisonment  for  one  month. 
When  an  issue  of  fact  shall  be  joined  before  a  Justice,  on  the 
demand  of  either  party  thereto,  he  shall  cause  a  jury  of  six 
men  to  be  summoned,  who  shall  try  the  same.  The  party 
against  whom  judgment  shall  be  rendered  in  any  civil  action 
may  appeal  to  the  Superior  Court  from  the  same,  and  if  the 
judgment  shall  exceed  twenty  five  dollars,  there  shall  be  a 


1868.]  CONTENTION  JOUKNAL.  S7T 

new  trial  of  the  whole  matter  in  the  Appellate  Court :  but  if 
the  judgment  shall  be  for  twenty -five  dollars,  or  less,  then  the 
case  shall  be  heard  in  the  Appellate  Court,  only  upon  matters 
of  law.  In  all  cases  of  a  criminal  nature,  the  party  against 
whom  judgment  is  given,  may  appeal  to  the  Superior  Court, 
where  the  matter  shall  be  heard  anew.  In  all  cases  of  a  crim- 
inal nature  brought  before  a  Justice,  he  shall  make  a  record 
of  the  proceeding,  and  file  the  same  with  the  Clerk  of  the 
Superior  Court  for  his  County. 

Sec.  3.  "When  the  office  of  Justice  of  the  Peace  shall  be- 
come vacant,  otherwise  than  by  the  the  expiration  of  the  term, 
and  in  case  of  a  failure  by  the  voters  of  any  district  to  elect, 
the  Clerk  of  the  Superior  Court  for  the  County  shall  appoint 
to  fill  the  vacancy  for  the  unexpired  term. 

Sec.  4.  In  case  the  office  of  Clerk  of  the  Superior  Court  for 
a  County  shall  become  vacant,  otherwise  than  by  the  expira- 
tion of  the  term,  and  in  case  of  a  failure  by  the  people  to 
elect,  the  Judge  of  the  Superior  Court  for  the  County  shall 
appoint  to  fill  the  vacancy  until  an  election  can  be  regularly 
held. 

Seo.  5.  The  General  Assembly  may  provide,  by  law,  that 
the  Judges  of  the  Superior  Courts,  instead  of  being  elected 
by  the  voters  of  the  whole  State,  as  is  herein  provided  for, 
shall  be  elected  by  the  voters  of  their  respective  districts. 


Motion  by  Mr.  Rodman  to  amend  section  29  of  report  on 
Judicial  Department  by  adding  to  said  section  29,  as  amended 
on  the  28th  of  February,  the  following  words : 

■'  In  case  of  a  vacancy  existing  from  any  cause,  in  any  of 
the  offices  created  by  this  section,  the  Commissioners  for  the 
County  may  appoint  to  such  office  for  the  unexpired  term." 

On  the  second  reading, 

Mr.  Candler  moved  to  amend  section  1st  by  striking  out 
4'  five,"  and  insert  "  four." 
The  amendment  was  not  sustained. 


378  CONVENTION  JOURNAL.  [Session 

The  section,  as  read,  was  adopted. 

Section  2d  was  read. 

Mr.  Tonrgee  moved  to  amend  by  striking  out  "  shall,"  on 
fourteenth  line,  and  insert  "  may." 

The  amendment  was  accepted  by  the  Chairman  of  the 
Committee. 

The  section,  as  amended,  was  adopted. 

Section  3d  was  read  and  adopted. 

Section  4th  was  read. 

Mr.  Sweet  moved  to  strike  out  the  entire  section. 

The  motion  did  not  prevail. 

The  section,  as  read,  was  adopted. 

Section  5th  was  read  and  adopted. 

The  report  passed  its  second  reading  by  the  following  vote, 
yeas  56,  nays  5  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Ashley,  Aydlott,  Benbow,  Blume,  Bryan,  Carey, 
Candler,  Chillson,  Colgrove,  Congleton,  Dickey,  Duckworth, 
Eppes,  Etheridge,  Fisher,  Forkner,  French  of  Rockingham, 
Fullings,  Gahagan,  Galloway,  George,  Gunter,  Hay,  Hayes  of 
Robeson,  Heaton,  Hobbs,  Hollowell,-  Hood,  Hyman,  Ing, 
Kinney,  Laflin,  Ma}^  Ma}To,  Marshall,  McDonald  of  Chatham, 
Morton,  Nicholson,  Parker,  Parks,  Peterson,  Ragland,  Ray, 
Read,  Rhodes,  Rodman,  Rose,  Smith,  Still  well,  Sweet, 
Teague,  Tourgee,  Tucker,  Turner,  Watts  and  "Wei ker — 56. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Dowd,  Merritt,  Pool  and  Sanderlin — 5. 

On  motion  of  Mr.  Rodman,  the  entire  report  of  the  Com- 
mittee on  the  Judicial  Department  was  made  a  Special  Order 
Tuesday  at  10^-  o'clock. 

Mr.  Heaton  introduced  an  Ordinance  in  relation  to  the  au- 
thentication of  ordinances  and  other  acts  of  the  Convention. 

Leave  of  absence  was  granted  : 

Mr.  Hare  for  three  days,  also, 

Mr.  Graham,  of  Orange,  until  "Wednesday  next, 

On  motion,  the  House  adjourned, 


1868.]  CONTENTION  JOURNAL.  379 

TUESDAY,  Makch  10th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  G.  W.  Welker. 

The  Roll  was  called,  and  the  following  members  answered 
to  their  name. 

Messrs.  Ashley,  Aydlott,  Baker,  Barnes,  Benbow,  Bradley, 
Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Daniel,  Dickey,  Dowd,  Duckworth,  Durham, 
Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French  of 
Rockingham,  French  of  Chowan,  Fnllings,  Gahagan,  Gallo- 
way, Garland,  Garrett,  George,  Graham  of  Montgomery, 
Grant  of  Northampton,  Gnnter,  Harris  of  Wake,  Hay,  Flayes 
of  Robeson,  Hayes  of  Halifax,  Highsmith,  Hobbs,  Hoclnett, 
Hoffler,  Hollo  well,  Holt,  Hood,  Hyman,  Ing,  Jones  of  Cald- 
well, King  of  Lincoln,  King  of  Lenoir,  Kinney,  Lee,  Legg, 
Lennon,  Logan,  Long,  Mann,  Mayo,  Marshall,  MeCubbins, 
Merriit,  McDonald  of  Moore,  Moore,  Mnllican,  Murphy, 
Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rich, 
Robbins,  Rodman,  Rose,  Sanderlin,  Smith,  Stilly,  Stilwell, 
Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts, 
Welker,  and  Williams  of  Wake— 99. 

The  Journal  of  Monday  was  read  and  approved. 

Mr.  C.  C.  Pool,  Chairman  of  the  Committee  on  Enrollment 
and  Engrossment  reported  as  follows  : 

The  Committee  on  Enrollment  respectfully  report  that  they 
have  examined  the  Enrolled  Articles  on  Preamble  and  Bill  of 
Rights,  Executive  Department,  Legislative  Department,  Cor- 
porations other  than  Municipal  and  Militia,  and  upon  careful 
comparison  with  the  original  ordinances  find  the  same  to  be 
correct. 

C.  C.  POOL,  Chairman. 

The  report  was  accepted  and  adopted. 

The.  Committee  on  Contingent  Expenses  reported  that  they 
had  examined  the  accounts  of  Win.  Hardie  and  Isaiah  Hardie, 
and  recommend  the  payment  to  each,  of  seventeen  dollars, 


380  CONVENTION  JODENAL.  [Session 

The  report  was  adopted. 

The  Committee  to  whom  the  subject  was  referred,  reported 
the  following  as  a  section  in  the  Constitution  : 

Section  —  The  General  Assembly  shall  provide  by  proper 
Legislation  for  giving  to  Mechanics  and   Laborers  an  ade- 
quate lien  on  the  subject  matter  of  their  labor. 
Would  respectfully  recommend  it  passage, 

BYRON  LAFLIN, 
J.  H.  BAKER, 
MARK  MAY, 
M.  J.  AYDLOTT, 
HENRY  EPPES. 

The  report  was  accepted. 

The  Committee  on  Internal  Improvements  to  whom  was 
referred  the  ordinance  in  relation  to  the  Fayetteville  and 
Florence  Rail  Road  have  had  the  same  under  consideration, 
and  have  instructed  me  to  report  the  ordinance  back  with 
the  privilege  of  the  introducer  to  withdraw  it  at  his  request. 

W.  G.  B.  GARRETT,  Chairman. 


•5 


The  report  was  accepted. 

The  Committee  on  Internal  Improvements  to  whom  was  re- 
ferred the  ordinance  to  change  the  manner  of  payment  of  the 
States  subscription  to  the  capital  stock  of  the  Western  Rail 
Road  Company  have  had  the  same  under  consideration  and 
instruct  me  to  report,  back  to  the  Convention,  the  1st  section. 
They  also  have  instructed  me  to  report  back  the  2nd  section 
and  recommend  its  passage. 

O.  S.  HAYES,  Acting  Chairman. 

The  report  was  on  motion,  accepted. 

The  Committee  on  Internal  Improvements  to  whom  was 
referred  the  ordinance  to  amend  the  Charter  of  the  Chatham 
Rail  Road  Company,  have  had  the  same  under  consideration 
and  have  instructed  me  to  report  the  same  back  to  the  Con- 
vention, and  recommend  its  passage. 

0.  S.  HAYES,  Acting  Chairman. 


1868.]  CONTENTION  JOURNAL.  381 

On  motion  the  report  was  accepted. 

The  Committee  appointed  to  investigate  the  difficulty  "be- 
tween Messrs  Durham  and  Ashley  reported  as  follows : 

The  Committee  on  the  subject  of  the  difficulty  between 
Messrs.  Durham  and  Ashley,  on  account  of  words  spoken  in 
debate  beg  leave  to  report  :  That  according  to  our  under- 
standing of  Parliamentary  law  we  have  no  power  to  act  in  the 
case,  because  the  words  to  which  exception  was  taken  were 
not  noted  down  by  the  member  excepting  immediately,  and 
the  attention  of  the  Convention  then  and  there  called  to  the 
subject. 

We  therefore  respectfully  ask  to  the  excused  from  further 

service  in  this  matter. 

WILLIE  DANIEL 
WM.  NICHOLSON, 
D.  J.  EICH. 
J.  E.  ELLIS, 
SAM'L  FOKKNER. 

The  report  was  accepted. 

On  motion  the  report  of  the  Committee  on  Internal  Im- 
provement was  made  a  special  order  for  Wednesday  at  10-| 
o'clock. 

The  report  of  the  Committee  on  the  Judicial  Department 
was  taken  up  and  placed  on  its  third  and  final  reading  and 
passage. 

Section  1st  was  read. 

Mr.  Pool  moved  to  amend  by  striking  out  all  down  to  the 
word  "  and  "  immediately  proceeding  the  words  "  every  ac* 
tion  prosecuted." 

The  amendment  did  not  prevail. 

The  section  as  read  was  adopted. 

Section  2d  was  read, 

Mr.  Rodman  amended  by  adding  to  the  section  the  follow- 
ing words : 

"  And  the  Convention  shall  provide  for  the  eomrnissionel's 
a  reasonable  compensation." 

The  section  as  amended  was  adopted, 


382  CONVENTION  JOURNAL.  [Session 

Section  3d  was  read. 

Mr.  Tourgee  moved  to  amend  by  striking  out  "  General 
Assembly  "  and  insert  "  Governor." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

Sections  4th,  5th,  6th  and  7th  were  read  and  adopted. 

Section  8th  was  read. 

Mr.  Bodman  moved  to  amend  by  striking  out  "  two  "  and 
insert  "  four  "  and  add  to  the  end  of  the  section  the  follow- 
ing : 

"  But  the  General  Assembly  shall  have  power  to  decrease 
the  number  after  the  first  term  of  the  same  shall  be  found  ex- 
pedient on  the  expiration  of  the  term. 

The  yeas  and  nays  were  demanded. 

The  demand  was  sustained. 

The  amendment  was  adopted  by  the  following  vote,  yeas 
49,  nays  48 : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Bryan,  Chillson,  Colgrove,  Daniel, 
Dickey,  Eppes,  Fisher,  Franklin,  French  of  Bladen,  French  of 
Chowan,  Fullings,  Galloway,  Graham  of  Montgomery,  Grant 
of  Wayne,  Grant  of  Northampton,  Hayes,  of  Robeson,  High- 
smith,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Kinney,  Laflin, 
Legg,  Logan,  Mann,  Mayo,  Marshall,  Merritt,  McDonald  of 
Moore,  Moore,  Morton,  Murphy,  Nicholson,  Patrick,  Parker, 
Pierson,  Eagland,  Eay,  Ren  fro  w,  Rich,  Rodman,  Sweet,  Tay- 
lor, Tourgee,  Watts,  and  Welker — 49. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Aydlott,  Baker,  Benbow,  Bradley,  Candler,  Con 
gleton,  Cox,  Dowd,  Duckworth,  Durham,  Ellis,  Etheridge, 
Forkner,  French  of  Rockingham,  Gahagan,  Garland,  Garrett, 
George,  Glover,  Gunter,  Hay,  Hobbs,  Hodnett,  Homer,  Hol- 
lowell,  Holt,  King  of  Lincoln,  King  of  Lenoir,  Lennon,  Long, 
May,  McCubbins,  Mullican,  Nance,  Parks,  Petree,  Peterson, 
Read,  Rose,  Sanderlin,  Smith,  Stilly,  Stihvell,  T^ague,  Trog- 
den,  Tucker,  Turner,  and  Williams  of  Wake — 48. 

The  section  as  amended  was  adopted. 

Section  9th  was  read. 


1868,]  CONVENTION  JOURNAL,  m$ 

Mr.  Tourgee  moved  to  amend  by  striking  out  the  following 
words  : 

"  And  its  decisions  shall  be  remitted  to  the  Courts  below 
to  be  enforced." 

The  amendment  was  accepted  by  the  Chairman  of  the  Com- 
mittee. 

The  section  as  amended  was  adopted. 

Sections  10th,  11th,  12th,  13th,  14th,  15th  and  16th  were 
read  and  adopted. 

Section  17th  was  read. 

Mr.  Durham  moved  to  amend  by  adding ; 

"  Provided,  That  white  orphan  children  shall  not  be 
bound  as  apprentices  to  colored  masters  and  no  colored  per- 
son shall  be  appointed  guardian  of  a  white  ward." 

The  yeas  and  nays  were  demanded. 

The  call  was  not  sustained. 

The  amendment  was  lost. 

The  section  as  read  was  adopted. 

Sections  18th,  19,  20th,  21st,  22d,  23d,  24th,  25th,  26th, 
27th,  28th,  29th,  30th,  31st,  and  32d,  were  read  and  adopted. 

Section  33d  was  amended  by  inserting  after  the  words 
"  they  shall  have  "  in  line  first  the  words  "  exclusive  origi- 
nal." 

The  section  as  amended  was  adopted. 

Section  34th,  35th  and  36th  were  read  and  adopted. 

On  motion  of  Mr.  French,  of  Chowan,  the  vote  on  section 
26th  was  reconsidered. 

Mr.  French,  moved  to  amend  by  striking  out  "  three  "  and 
insert  "  four  "  in  line  ten  ;  eleventh  line  strike  out  "  four, 
six  and  eight  years  "  and  insert  "  two,  four,  six  and  eight 
years." 

The  amendment  was  adopted. 

The  section  as  amended  was  adopted. 

The  report  of  the  Committee  on  the  Judicial  Department 
passed  its  third  and  final  reading  by  the  following  vote,  yeas 
80,  nays  20. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Ashley,  Aycllott,  Barnes,  Benbow,  Bryan,  Carey. 


•384  CONVENTION  JOURNAL.  [Session 

Carter,  Cherry,  Cliillson,  Colgrove,  Congleton,  Cox,  Dickey, 
Duckworth,  Eppes  Fisher,  Forkner,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Galloway,  Garland,  Garrett,  George,  Glover,  Gra- 
ham of  Montgomery,  Gully,  Gnnter,  Harris  of  "Wake,  Hayes 
of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs, 
Hood,  Flyman,  Ing,  Kinnejr,  Lanin,  Legg,  Logan,  Long,  Mann, 
May,  Mayo,  Marshall,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Ragland,  Read,  Renfrew,  Rhodes, 
Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilly,  Stilwell,  Sweet, 
Taylor,  Tourgee,  Tucker,  Welker  and  Williams  of  Wake— 80. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Baker,  Bradley,  Candler,  Daniel,  Dowd,  Durham, 
Ellis,  Etheridge,  Hay,  Hodnett,  Hoffler,  Hollowell,  Flolt, 
Jones  of  Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Mc- 
Cubbins,  Merritt,  Pool,  Sanderlin  and  Trogden — 20. 

Mr.  Rich  introduced  an  ordinance  protecting  the  interest 
of  consigners  of  freights. 

Referred  to  the  Commitee  of  Sixteen. 

On  motion  of  Mr.  Heaton,  the  report  of  the  Committee  on 
Miscellaneous  Affairs,  was  returned  to  that  Committee  to  be 
printed  and  added  to  their  regular  report  to  be  presented  to  the 
House  at  the  next  morning  session. 

On  motion  the  matter  of  pay  in  regard  to  members,  who 
have  lately  occupied  contested  seats,  was  referred  to  the  Com- 
mittee on  Privileges  and  Elections. 

The  report  of  the  Committee  on  Penal  Institutions,  Public 
Charities,  &c,  was  taken  up  and  passed  on  its  third  and  final 
reading  and  passage. 

Section  1st  was  read. 

Mr.  Tourgee  moved  to  amend  by  inserting  "  only,"  after 
the   word,  "  rape." 

The  amendment  was  adopted. 

Mr.  Rodman  moved  to  amend  by  striking  out  "shall,"  and 
insert  "  may." 

The  amendment  was  adopted. 

The  section,  as  amended,  was  adopted. 


1868.]  CONVENTION  JOURNAL.  385 

Sections  2d,  3d,  4th,  5th,  6th,  7th,  8th  and  9th  were  read 
and  adopted. 

Sections  10th  and  11th  were  read  and  adopted. 

The  Report  of  the  Committee  on  Penal  Institutions,  Public 
Charities,  etc.,  passed  its  third  and.  final  reading,  by  the  fol- 
lowing vote,  yeas  79,  nays  11 : 

Those  who  voted  in  the  affirmative,  are; 

Messrs.  Abbott,  Ashley,  Benbow,  Bradley,  Bryan,  Carey, 
Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox, 
Daniel,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  French  of 
Chowan,  Fullings,  Gahagan,  Galloway,  Garland,  George, 
Glover,  Graham  of  Montgomery,  Gully,  Gunter,  Harris  of 
Wake,  Hay,  Hayes  of  Robeson,  Heaton,  Highsmith,  Hood., 
Hyman,  Ing,  Kinney,  Laflin,  Lee,  Legg,  Logan,  Long,  May, 
Mayo,  Marshall,  McDonald  of  Moore,  Moore,  Morton,  Mulli- 
can,  Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read,  Rhodes, 
Rich,  Robbins,  Rodman,  Smith,  Stilly,  Stilwell,  Sweet,  Teague, 
Tourgee,  Tucker,  Welker  and  Williams  of  Wake— 79. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Dowd,  Durham,  Ellis,  Etheridge,  Hobbs,  Hoifrler, 
Holt,  Lennon,  McCubbins,  Merritt  and  Sanderlin— -11. 

On  Motion  of  Mr.  French,  of  Bladen,  the  following  ordi- 
nance, introduced  by  himself,  was  taken  up  : 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina, 
by  delegates  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  any  person  who  shall 
seek  to  intimidate  or  try  to  prevent  any  qualified  elector  from 
the  free  exercise  of  the  elective  franchise,  by  threats  or  other- 
wise, shall  be  deemed  guilty  of  a  mssdemeanor,  and  upon 
conviction  thereof,  shall  be  punished  by  imprisonment  for  not 
less  than  one  month  or  more  than  six  months,  or  by  fine  of 
not  less  than  one  hundred  dollars,  or  more  than  five  hundred 
dollars. 

Sec  2.  Be  it  further  ordained,  That  this  ordinance   shall 
be  in  force  from  and  after  its  passage,  but  may  be  amended  or 
repealed  by  the  General  Assembly, 
25  ' 


386  CONTENTION  JOUKNAL.  [Session 

Mr.  George  moved  to  amend  by  striking  out  all  after  the 
words,  "  by  the  authority  of  the  same,"  down  to  the  words, 
"shall  be  punished,"  and  inserting,  "that  if  any  person  at- 
tempts to  control  the  vote  of  any  person,  who  is  an  elector  in 
this  State,  by  threats,  bribing  or  force,  he." 

Also,  strike  out  all  after  the  word  "  punished,"  down  to- 
"  by  a  fine  of." 

On  motion  of  Mr.  Tourgee,  the  entire  subject  was  commit- 
ted to  a  Committee  of  three,  to  report  Thursday  next. 

On  motion,  the  following  ordinance  introduced  by  Mr. 
Heaton,  was  taken  up. 

Section  1.  Beit  ordained  by  the  Convention  of  North- Car- 
olina, and  it  is  hereby  ordained  by  the  authority  of  the  same, 
That  Win.  PI.  S.  Sweet,  Chas.  R.  Button,  Stephen  Northrup 
and  their  associates,  successor  and  assigns,  are  hereby  created 
and  constituted  a  body  corporate  and  politic,  by  the  name  and 
style,  and  title  of  the  Newbern  Turpentine  Company,  and  by 
that  name  may  sue  and  be  sued,  plead  and  be  impleaded,  ap- 
pear, prosecute  and  defend  in  any  Court  of  law  and  equity 
whatsoever,  in  all  suits  and  actions,  may  have  a  common  seal, 
and  alter  the  same  at  pleasure,  and  may  purchase,  hold  and 
convey  real  and  personal  estate,  to  an  amount  not  exceeding 
two  hundred  and  fifty  thousand  dollars. 

Sec.  2.  Be  it  further  ordained.  That  the  first  meeting  of 
said  Corporation  may  be  called  by  the  persons  named  in  this 
ordinance,  or  any  of  them,  at  such  time  and  place  as  they 
may  agree  upon,  and  at  such  meetings,  and  at  all  other  meet- 
ings legally  notified,  said  Corporation  may  make,  alter  and 
repeal  such  by-laws  and  regulations  for  the  management  of 
the  business  of  said  Corporation,  as  a  majority  of  the  stock 
may  direct,  not  repugnant  to  the  laws  of  this  State,  or  of  the 
United  States. 

Sec  3.  Be  it  further  ordained,  That  the  said  Corporation 
may  divide  their  original  stock  into  such  number  of  shares, 
and  provide  for  the  sale  and  transfer  thereof,  in  such  manner 
and  form  as  said  Corporation  shall,  from  time  to  time,  deem 
expedient,  and  may  levy  and  collect  assessments,  forfeit  and 


1868.]  CONTENTION  JOUENAL.  38T 

sell  delinquent   shares,   declare   and  pay   dividends   on  the 
shares  in  such  manner  as  the  by-laws  shall  direct. 

Sec.  4.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  Directors,  one  of  whom  shall  reside  continually  in  the 
State,  to  have  regular  books  of  record,  and  transfers  thereof 
at  all  times  open  to  the  inspection  of  the  stockholders. 

Sec.  5.  Be  it  further  ordained,  That  this  Corporation  shall 
continue  in  force  thirty  years  from  and  after  the  passage  of 
this  ordinance. 

The  yeas  and  nays  were  ordered  on  its  passage. 

The  ordinance  was  adopted  by  the  following  vote,  yeas  68, 
nays  — -  : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Ashley,  Bradley,  Bryan,  Carey,  Carter, 
Chillson,  Colgrove,  Congleton,  Cox,  Duckworth,  Etheridge, 
Fisher,  Franklin,  French  of  Rockingham,  French  of  Chowan, 
Fullings,  Gahagan,  Galloway,  George,  Graham  of  Montgom- 
ery, Grant  of  Wayne,  Grant  of  Northampton,  Gunter,  Hall, 
Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Heaton,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt, 
Hood,  Hyman,  Ing,  King  of  Lenoir,  Kinney,  Lee,  Legg, 
Logan,  Long,  Mayo,  McCubbins,  McDonald  of  Moore,  Moore, 
Morton,  Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks, 
Pierson,  Ray,  Read,  Rich,  Robbins,  Rose,  Sanderlin,  Smith, 
Stilwell,  Tucker,  Welker  and  Williams  of  Wake — 68. 

Mr.  Morton  introduced,  by  permission,  the  following  reso- 
lution : 

Resolved,  That  this  Convention  adjourn  on  Monday,  the 
16th  instant,  subject  to  the  call  of  the  President. 

On  motion,  the  rules  were  suspended. 

After  some  discussion,  Mr.  French,  of  Bladen,  moved  to  lay 
the  whole  matter  on  the  table. 

The  motion  was  not  sustained. 

On  motion  of  Mr.  Harris,  of  Wake,  the  subject  was  post- 
poned until  10-|-  o'clock  Wednesday. 

Mr.  Rodman  introduced  an  ordinance  in  relation  to  authen- 
ticating," etc. 

Lies  over  under  the  rules. 

On  motion,  the  House  adjourned. 


388  CONTENTION  JOUENAL.  [Session 

EVENING  SESSION,  March  10th,  1868. 

The  Convention  was  called  to  order  at  1\  o'clock,  by  the 
President. 

The  roll  was  called  and  the  following  members  answered 
to  their  names  : 

Messrs.  Ashley,  Aydlott,  Baker,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cox,  Daniel,  Dowd,  Duckworth,  Durham,  Ellis, 
Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French  of  Bla- 
den, French  of  Bockinghara,  French  of  Chowan,*Fullings, 
Gahagan,  Galloway,  Garland,  Garrett,  George,  Graham  of" 
Montgomery,  Grant  of  Northampton,  Gully,  Gunter,  Hall, 
Harris  oi  Wake,  Hay,  Hayes  of  Bobeson,  Hayes  of  Halifax, 
Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hollowell,  Holt,  Hood, 
Hyman,  Jones  of  Caldwell,  Jones,  of  Washington,  King  of 
Lincoln,  King  of  Lenoir,  Kinney,  Laflin,Lee,  Lennon,  Logan, 
Long,  Mann,  Mayo,  Marshall,  MeCubbins,  Merritt,  Moore, 
Morton,  Mullican,  Murphy,  Nance,  Nicholson,  Parker,  Parks, 
Petree,  Peterson,  Pierson,  Pool,  Bagland,  Bay,  Bead,  Ben- 
frow,  Rhodes,  Bich,  Bobbins,  Bose,  Smith,  Stilwell,  Sweet, 
Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts 
and  Welker — 96. 

The  report  of  the  Committee  on  Suffrage  and  Eligibility  to 
Office,  having  been  made  a  Special  Order  for  the  evening, 
was  taken  up  and  placed  on  its  third  and  final  reading  and 
passage. 

Section  1st  was  read. 

Mr.  French  moved  to  amend  by  inserting  after  the  word 
"  elector,"  in  sixth  line,  "  except  as  hereinafter  provided." 

The  amendment  was  adopted,  yeas  54,  nays  50. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Benbow,  Blume,  Bryan,  Carter, 
Candler,  Chillson,  Cox,  Dickey, Duckworth,  Fisher,  Franklin, 
French  of  Bladen,  French  of  Bockingham,  Fnllings,  Gahagan, 
Galloway,  Garland,  Glover,  Graham  of  Montgomery,  Hall, 
Hayes  of  Bobeson,  Hayes  of  Halifax,  Ing,  Jones  of  Wash- 
ington, Kinney,  Laflin,  Lee,  Logan,  Mann,  May,  Mayo,  Mar- 
shall, McDonald  of  Moore,  Moore,  Morton,  Mullican,  Murphy, 


1868.]  CONVENTION  JOURNAL.  389 

Parks,  Petree,  Ragland,  Ray,  Ren  fro  w,  Robbins,  Rose,  Smith, 
Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts  and 
"Welker— 54. 

Tliose  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Bakei*,  Barnes,  Bradley,  Carey,  Cherry, 
Colgrove,  Congleton,  Daniel,  Dowd,  Durham,  Ellis,  Ethe- 
ridge,  Forkner,  French  of  Chowan,  Grant  of  Wayne,  Grant  of 
Northampton,  Gully,  Gunter,  Harris  of  Wake,  Hay,  Heaton, 
Highsmith,  Hobbs,  Hodnett,  Hofner,  Hollowell,  Holt,  Jones 
of  Caldwell,  King  of  Lincoln,  King  of  Lenoir,  Lennon,  Long, 
McCubbins,  Merritt,  Nance,  Nicholson,  Patrick,  Parker,  Pe- 
terson, Pierson,  Pool,  Read,  Rich,  Rodman,  Sanderlin,  Stilly, 
Stilwell,  Sweet  and  Taylor — 50. 

The  section,  as  amended,  was  adopted. 

Mr.  French,  of  Bladen,  offered  the  following  as  a  section, 
to  follow  section  1st : 

"  The  General  Assembly  shall,  at  its  first  session,  and  as 
often  thereafter  as  may  be  deemed  necessary,  provide  for  the 
registration  of  all  voters,  and  no  person  shall  be  entitled  to 
vote  unless  properly  registered,  and  every  person  hereafter 
offering  to  register,  shall  take  the  following  oath  : 

I, ,  do  solemnly  swear  (or  affirm)  in  the  presence  of 

Almighty  God,  that  I  am  a  citizen  of  the  State  of  North-Car- 
olina, that  I  have  resided  in  said  State  twelve  months  next 

preceding  this  day,  and  in  the  County  of thirty  days, 

that  I  am  twenty  one  years  old,  that  I  have  never  been  con- 
victed of  any  infamous  crime  since  becoming  a  citizen  of  the 
United  States,  that  I  am  not,  nor  have  I  ever  been  disfran- 
chised by  what  is  known  as  the  Reconstruction  Acts  of  Con- 
gress, and  that  I  will  faithfully  support  the  Constitution  and 
laws  of  the  United  States  and  of  the  State  of  North-Carolina, 
not  inconsistent  therewith.     So  help  me  God. 

"  Which  oath  may  be  administered  by  any  authorized  regis- 
tration officer,  and  any  person  who  shall  knowingly  and 
falsely  take  or  subscribe  the  above  oath,  such  person  so  offen- 
ding, and  being  thereof  duly  convicted,  shall  be  subject  to  the 
pains,  penalties  and  disabilities  which,  by  law,  are  prescribed 
for  the  punishment  of  willful  and  corrupt  perjury  :  Provided, 


390  CONTENTION  JOURNAL.  [Session 

That  only  the  last  clause  of  the  above  oath,  viz :  (that  I  will 
faithfully  support  the  Constitution  and  laws  of  the  United 
States,  and  ot  the  State  of  North-Carolina,  not  inconsistent 
therewith.  So  help  me  God.)  Shall  be  required  of  any  per- 
son whose  disabilities  to  hold  office  under  the  fourteenth  Ar- 
ticle of  the  Constitution  of  the  United  States,  (known  as  the 
Howard  Amendment,)  have  been  or  may  hereafter  be  re- 
moved by  Congress,  or  of  any  person  who  may  be  (upon  his 
own  application,)  declared  an  elector  by  the  General  Assem- 
bly, a  majority  of  each  House  voting  therefor." 

Mr.  Heaton  offered  the  following  as  a  substitute  for  the  new 
section  of  Mr.  French  : 

Section  2.  It  shall  be  the  duty  of  the  General  Assembly  to 
provide,  from  time  to  time,  for  the  registration  of  all  electors, 
but  no  person  shall  be  allowed  to  register  without  first  being 
required  to  take  an  oath  or  affirmation,  to  support  the  Con- 
stitution and  laws  of  the  United  States,  and  laws  of  North- 
Carolina,  not  inconsistent  therewith. 

Mr.  Abbott  offered  the  following  oath  as  a  substitute  for 
the  oath  of  Mr.  Pleaton  : 

OATH    OF    OFFICE. 

I  am  truly  and  devotedly  attached  to  the  Union  of  all  the 
States,  and  opposed  to  any  dissolution  of  the  same,  that  I  en- 
tertain no  political  sympathy  with  the  instigators  and  leaders 
of  the  rebellion,  or  with  the  enemies  of  the  Union,  nor  appro- 
bation of  their  principles  or  purposes,  that  I  will  neither  by 
word  or  act  encourage  or  countenance  a  spirit  of  sedition  or 
disaffection  towards  the  government  of  the  United  States  or 
the  laws  thereof,  and  that  I  will  sustain  and  defend  the  Union 
of  these  States,  and  will  discourage  and  resist  all  efforts,  to 
destroy  or  impair  the  same. 

The  question  was  called  on  the  amendment  of  Mr.  Abbott. 

The  yeas  and  nays  were  demanded. 
The  amendment  did  not  prevail  by  the  following  vote,  yeas 
26,  nays  73  : 

Those  who  voted  in  the  affirmative,  are  : 


1868.]  CONTENTION  JOURNAL.  391 

Messrs.  Abbott,  Ashley,  Bryan,  Carter,  Candler,  Chillson, 
Dickey,  Duckworth,  Fisher,  French  of  Bladen,  French  of 
Rockingham,  French  of  Chowan,  Galloway,  Garland,  Graham 
of  Montgomery,  Hayes  of  Halifax,  Jones  of  Washington,  Kin- 
ney, Logan,  May,  Mayo,  Morton,  Petree,  Rose,  Teague  and 
Weaker— 26. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Aydlott,  Baker,  Barnes,  Benbow,  Blume,  Bradley, 
Clierry,  Colgrove,  Congleton,  Cox,  Daniel,  Dowd,  Durham, 
Ellis,  Eppes,  Etheridge,  Forkner,  Franklin,  Fullings,  Gahagan, 
George,  Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Fleaton, 
Highsmith,  Hobbs,  Hodnett,  Homer,  Hollowell,  Holt,  Hood, 
Hyman,  Ing,  Jones  of  Caldwell,  King  of  Lincoln,  King  of 
Lenoir,  Laflin,  Lennon,  Long,  Mann,  Marshall,  McCnbbins, 
Merritt,  Moore,  Mullican,  Nance,  Nicholson,  Parker,  Parks, 
Peterson,  Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rich, 
Rodman,  Sanderlin,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor, 
Tucker,  Turner  and  Watts— 73. 

The  question  recurred  on  the  substitute  of  Mr.  HeatoiL 

The  yeas  and  nays  were  demanded 

The  call  was  sustained. 

The  substitute  was  adopted  hy  the  following  vote,  yeas  74, 
nays  27 : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Barnes,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Chillson,  Colgrove,  Congleton,  Cox, 
Duckworth,  Eppes,  Forkner,  Franklin,  French  of  Bladen, 
French  of  Chowan,  Fullings,  Galloway,  George,  Graham  of 
Montgomery,  Grant  of  Wayne,  Grant  of  Northampton,  Gully, 
Gunter,  Hall,  Harris  of  Wake,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hobbs,  Hood,  Hyman,  Jone3  of 
Caldwell,  King  of  Lincoln,  Laflin,  Logan,  Long,  Mann,  Mc- 
Donald of  Moore,.  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Nicholson,  Parker,  Parks,  Petree,  Peterson,  Pierson,  Pool, 
Ragland,  Ray,  Read,  Renfrow,  Rich,  Rodman,  Rose,  Smith, 
Stilly,  Stilwell,  Sweet,  Taylor,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts  and  Welker — 74. 


392  CONTENTION  JOURNAL.  [Session 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Bradley,  Candler,  Daniel,  Dowd,  Durham,, 
Ellis,  Etheridge,  Eisher,  French  of  Rockingham,  Gahagan, 
Garland,  Hay,  Hodnett,  Hoffler,  Hollowell,  Holt,  lug,  Jones 
of  Washington,  Kinney,  Lenn on,  May,  Mayo,  Marshall,  Mc- 
Cubbins,  Merritt  and  Sanderlin — 22. 

Mr.  French,  of  Bladen,,  moved  to  amend  the  substitute. 

The  Chair  ruled  the  amendment  out  of  order. 

From  which  decision  an  appeal  was  taken,  when  the  Chair 
was  sustained. 

Mr.  French,  of  Bladen,  moved  to  reconsider  the  vote  onth.gr 
substitute. 

Pending  which,  the  House  adjourned. 


WEDNESDAY,  March  11th,  1868: 

The  Convention  was  called  to  order  at  11  o'clock,   by  the 
President. 

Prayer  by  the  Rev.  Mr..  Lennon. 

The  Roll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow,. 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chil- 
son,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,, 
Durham,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  French  of 
Bladen,  French  of  Rockingham,  French  of  Chowan,  Fullings, 
Gahagan,  Galloway,  Garland,  Garrett,  George,  Glover,  Gra- 
ham of  Montgomery,  Grant  of  Northampton,  Gully,  Gunter, 
Hall,  Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of 
Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hodnett,, 
Hoffler,  Holt,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lincoln,  King  of  Lenoir,  Kinney,. 
Laflin,  Lee,  Legg,  Lennon,  Logan,  Long,  Mann,  Mayo,  Mc_ 
Cubbins,  Merritt,  McDonald  of  Moore,  Moore,  Morton,  Mul- 
liean,  Murphy,  .Nance,  Newsom,  Nicholson,  Patrick,  Parker,, 
Parks,  Petree,  Peterson,  Pierson,  Ragland,  Ray,  Read,  Ren- 
frew, RhodeSj  Rich,  Robbins,  Rose,  Sanderlin,  Smithy  Stilly,, 


1868.]  CONVENTION  JOURNAL.  393 

Taylor,  Teague,  Tourgee,  Trogden,  Tucker,  Turne^  Watts, 
Welker  and  Williams  of  Wake — 106. 

The  Journal  of  Tuesday  was  read  and  approved. 

The  following  ordinance  to  amend  the  Charter  of  the  Chat- 
ham Rail  Road,  was  taken  up  and  passed  its  first  reading  : 

AN  ORDINANCE  TO  AMEND  THE  CHARTER  OF 
THE  CHATHAM  RAIL  ROAD  COMPANY. 

Section.  1.  Be  it  ordained  hy  the  people  of 'North- Carolina* 
in  Convention  assembled,  That  to  enable  the  Chatham  Rail 
Road  Company  to  finish  its  road,  the  Publie  Treasurer  is- 
hereby  authorized  and  directed  to  deliver  to  the  President 
and  Directors  of  the  said  Rail  Road  Company,  the  coupon 
bonds  of  the  State  to  an  amount  not  exceeding  twelve  hun- 
dred thousand  dollars,  ($1,200,000,)  signed  by  the  Governor,, 
countersigned  by  the  Public  Treasurer  and  sealed  with  "  The 
Great  Seal  of  the  State,"  bearing  six  per  eent.  interest,  the 
principal  payable  at  the  end  of  thirty  years  from  the  date 
thereof  and  the  coupons  of  interest  payable  semi-annually,  in 
such  form  as  the  Publie  Treasurer  may  direct,  to  be  made 
payable  at  such  time  and  place  as  may  be  agreed  upon  by  the 
Publie  Treasurer. 

Sec.  2.  Be  it  further  ordained,  That  before  the  Public 
Treasurer  shall  deliver  any  of  said  bonds  hereby  authorized 
the  said  Chatham  Rail  Road  Company  [shall  deposit]  with 
the  Public  Treasurer  the  coupon  bonds  ol  said  Company  for 
the  same  amount  and  bearing  the  same  interest  and  date,  the 
principal  and  coupons  payable  at  the  same  time  and  place  as; 
those  of  the  State  hereinbefore  directed  to  be  issued  and  paid 
over  to  the  Chatham  Rail  Road  Company,  and  to  secure  the 
principal  and  interest  of  said  bonds  issued  by  the  Chatham 
Rail  Road  Company,  the  State  ot  North-Carolina  shall  by 
this  ordinance  have  a  lien  upon  all  the  estate  of  said  Compa- 
ny, both  real  and  personal,  which  they  may  now  have  or  may 
hereafter  acquire,  between  the  City  of  Raleigh  and  the  Gulf, 
the  terminus  of  said  Rail  Road  in  the  Coalfields,  including 
that  at  both  points,  together  with  all  the  rights,,  franchises- 


•SU  CONVENTION"  JOURNAL.  [Session 

•and  powers  thereunto  belonging  or  appertaining,  or  that 
may  hereafter  belong  or  appertain  to  said  Company,  which 
lien  shall  be  more  effectually  secured  by  a  first  mortgage  duly 
'executed  bj  said  Company  to  the  State  and  registered  in 
the  Register's  office  in  the  Counties  of  Wake  and  Chatham, 
and  in  case  of  failure  of  said  Company  to  pay  the  semi-annu- 
al interest  on  its  bonds  for  twenty  four  months  after  such  in- 
terest shall  become  due,  or  to  pay  the  principal  of  said  bonds 
for  twelve  months  after  their  maturity,  the  Board  of  Internal 
Improvements  for  and  in  behalf  of  the  State  may  enter  upon 
and  take  possession  of  all  the  property  hereinbefore  specified 
and  dispose  of  the  same  by  sale  so  as  to  protect  the  State. 

Sec.  3.  Be  it  further  ordained,  That  the  Chatham  Kail 
Road  Company  may  at  any  time  before  maturity  take  up  the 
bonds  of  said  Company  deposited  with  the  Public  Treasurer 
by  substituting  in  lieu  thereof  coupon  bonds  of  the  State  or 
other  indebtedness  of  the  State. 

Sec.  4.  Be  it  further  ordained,  That  the  State  shall  have 
the  privilege  at  any  time  within  eight  years  from  the  passage 
of  this  ordinance  to  subscribe  stock  in  said  Company  to  the 
amount  of  six  hundred  thousand  dollars  ($600,000)  in  shares 
of  one  hundred  dollars  ($100)  each,  and  upon  certificate  of 
stock  being  issued  to  the  State  by  said  Company  for  the  same, 
to  surrender  the  bonds  of  said  Company  which  had  previously 
been  delivered  to  the  State  under  the  provisions  of  this  ordi- 
nance. 

Sec.  5.  Be  it  further  ordained,  That  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

On  motion  the  rules  were  suspended. 

The  yeas  and  nays  were  demanded. 

The  ordinance  was  adopted  by  the  following  vote,  yeas  81, 
nays  14 : 

Those  who  voted  in  the  affirmative,  are: 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Blume,  Bradley, 
Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove, 
■Oongleton,  Cox,  Daniel,  Dickey,  Dowd,  Eppes,  Etheridge, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of 
Bockinghaim,  French  of  Chowan,  Fullings,  Gahagan^  Gallo- 


1868.]  CONTENTION  JOURNAL.  395 

■way,  Garland,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Gully,  Gunter,  Hall,  Harris  of  Wake,  Harris  of 
Franklin,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton, 
Highsmith,  Hollowell,  Holt,  Hood,  Hyinan,  Ing,  Jones  of 
Caldwell,  Kinney,  Laflin,  Lee,  Legg,  Lennon,  Logan,  Long, 
Mann,  May,  Mayo,  Marshall,  McCubbins,  Merritt,  McDonald 
of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance,  Patrick, 
Pierson,  Ragland,  Read,  Renfrow,  Rich,  Rodman,  Stilly, 
Sweet,  Taylor,  Trogden,  Tucker,  Watts,  and  Williams  of 
Wake.— 81. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Aydlott,  Duckworth,  Ellis,  George,  Grant  of  North- 
ampton, Hay,  Jones  of  Washington,  King  of  Lenoir,  Parker, 
Peterson,  Rhodes,  Sanderlin  Turner,  and  Welker — 14. 

The  following  report  of  the  Committee  on  Internal  Im- 
provement was  taken  up  : 

REPORT     OP     COMMITTEE     ON    INTERNAL    IM- 
PROVEMENT. 

The  Committee  on  Internal  Improvement  to  whom  was 
referred  the  ordinance  relating  tothe  Western  Rail  Road  Com- 
pany have  instructed  me  to  report  the  1st  section  to  the  Con- 
vention. 

O.  S.  HAYES,  Acting  Chairman. 


AN  ORDINANCE  TO  CHANGE  THE  MANNER  OF 
PAYMENT  OF  THE  STATE'S  SUBSCRIPTION  TO 
THE  CAPITAL  STOCK  OF  THE  WESTERN  RAIL 
ROAD  COMPANY. 

Section  1.  Be  it  ordained  by the  people  of  North-Carolina, 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  the  Western  Rail  Road  Company 
is  hereby  authorized  to  return  to  the  Public  Treasurer  the 
sum  of  one  million  of  dollars  of  the  second  mortgage  bonds 


396  CONTENTION  JOURNAL.  [Session 

of  the  Wilmington  and  Rutherford  Rail  Road  Company, 
which  amount  has  heretofore  been  paid  by  the  Public  Treas- 
urer to  said  Company,  as  the  payment  of  the  subscription  of 
the  State  to  the  capital  stock  of  said  Company,  under  the  au- 
thority of  the  third  section  of  the  act  of  the  General  Assem- 
bly, entitled  "  An  act  to  enable  the  Western  Rail  Road  Com- 
pany to  extend  its  road  across  the  North-Carolina  Rail  Road 
to  the  Virginia  line,  near  Mount  Airy,  in  the  County  of  Sur- 
ry," ratified  the  25th  day  of  February,  1867,  and  in  place  there- 
of the  Public  Treasurer  is  hereby  authorized  and  directed  to 
make  and  deliver  to  said  Western  Rail  Road  Company,  one 
million  of  dollars  of  the  coupon  bonds  of  the  State  of  North- 
Carolina,  signed  by  the  Governor  and  countersigned  by  the 
Public  Treasurer,  bearing  interest  at  the  rate  of  six  per  cent, 
per  annum,  the  principal  and  interest  payable  at  such  time 
and  such  manner  and  place  as  the  Governor  and  Public 
Treasurer  may  prescribe. 


The  Committee  on  Internal  Improvement  to  whom  was  re- 
ferred the  Ordinance  relating  to  the  Western  Rail  Road  Com- 
pany, have  had  the  same  under  consideration  and  recommend 
the  passage  of  the  2nd  section  of  said  ordinance. 

O.  S.  HAYES,  Acting  Chairman. 


Section  2.  Be  it  ordained  hy  the  people  of  North-  Carolina 
in  Convention  assembled,  dkc,  That  so  much  of  the  third  sec- 
tion of  the  act  of  the  General  Assembly,  entitled  "  An  act  to 
enable  the  Western  Rail  Road  Company  to  complete  its  road 
from  the  Coalfields,  in  Chatham  County,  to  some  point  on  the 
North  Carolina  Rail  Road,"  ratified  the  22d  December, 
1866,  as  prohibits  said  Company  from  negotiating  its  bonds 
"  at  not  less  than  par,"  be,  and  the  same  is  hereby  repealed ; 
and  that  this  Ordinance  shall  be  in  force  from  and  after  its 
passage. 


1868.]  CONVENTION  JOURNAL.  397 

On  motion,  the  rules  were  suspended. 

Mr.  Sweet  offered  the  following  amendment  to  section  two  : 

"  That  no  part  of  the  $1,000,000  of  bonds  to  the  Western 
Hail  Road  Company  shall  be  delivered  to  said  Company,  until 
the  President  and  Directors  thereof,  shall  execute  and  deliver 
to  the  Governor  of  the  State,  a  first  mortgage  on  the  entire 
road  and  its  property ;  conditioned  to  save  the  State  harm- 
less against  the  loss  of  both  principal  and  interest  of  said 
loan." 

Mr.  Tourgee  offered  to  amend  this  amendment,  by  adding 
the  words  after  section  1st  as  section  2d  :  "  and  the  State 
shall  relinquish  all  claim  to  stock  in  said  road." 

Mr.  Tourgee  withdrew  his  amendment. 

The  amendment  of  Mr.  Sweet  was  accepted  by  Mr.  Mann. 

Mr.  Laflin  moved  to  amend  by  striking  out  "  one  million  " 
and  insert  "one  half  million." 

The  amendment  was  accepted  by  Mr.  Mann. 

The  yeas  and  nays  were  demanded  on  the  ordinance  as 
amended. 

The  ordinance  as  amended  was  adopted  by  the  following 
vote  yeas  68,  nays  18  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Dickey,  Dowd,  Eppes,  Fisher, 
Forkner,  French  of  Bladen,  French  of  Rockingham,  Fullings, 
Gahagan,  Galloway,  Garland,  Graham  of  Montgomery,  Grant 
of  Wayne,  Gully,  Gunter,  Hall,  Harris  of  Wake,  Harris  of 
Franklin,  Hayes  of  Robeson,  Hayes  of  Halifax,  Highsmith, 
Hobbs,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Kinney,  Laf- 
lin, Lee,  Legg,  Logan,  Long,  Mann,  Mayo,  Marshall,  McDon- 
ald of  Moore,  Murphy,  Nance,  Patrick,  Parks,  Pierson,  Rag- 
land,  Read,  Renfrow,  Rich,  Sweet,  Teague,  Tourgee,  Trogden, 
Tucker,  Watts,  and  Welker— 68, 

Those  who  voted  in  the  negative,  are : 

Messrs.  Aydlott,  Duckworth,  Ellis,  George,  Grant  of  Nort- 
hampton, Hay,  Jones  of  Washington,  King  of  Lenoir.  Len- 


398  CONVENTION  JOURNAL.  [Session 

non,  McCubbins,  Moore,  Nicholson,  Parker,  Peterson,  Rhodes, 
Rose,  Sanderlin,  and  Williams  of  Wake — 18. 

Mr.  Tourgee  moved  to  reconsider  the  vote  on  the  ordi- 
nance relative  to  the  Western  Eail  Road  Company. 

Mr.  Hood  moved  to  lay  the  motion  on  the  table. 

The  motion  was  sustained. 

The  following  report  of  the  Committee  of  Seventeen  was 
taken  up  : 

The  Committee  of  Seventeen  to  wxhom  was  referred  the  or- 
dinance entitled  "  an  ordinance  to  aid  the  Williamston  and 
Tarboro'  Rail  Road  Company,  have  had  the  same  under  con- 
sideration and  ask  to  report  the  same  back  to  the  Convention 
with  a  recommendation  that  said  bill  be  passed  with  one 
amendment,  viz :  between  the  letter  "  a "  and  the  word 
"  mortgage  "  in  the  fourth  line  of  section  2d,  insert  the  word 
''first,"  all  of  which  is  respectfully  submitted. 

D.  HEATON,  Chairman, 

The  report  was  accepted  and  adopted. 

AN  ORDINANCE  TO  AID  THE  WILLIAMSTON  AND 
TARBORO'  RAIL  ROAD  COMPANY. 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  That  whenever  the  President  of 
said  Company  shall  certify  to  the  Governor  of  the  State,  that 
said  road  is  graded,  he  shall  direct  the  Public  Treasurer,  to 
loan  in  behalf  of  the  State  to  said  Company,  the  sum  of  one 
hundred  and  fifty  thousand  dollars  in  coupon  bonds,  and  said 
Company  shall  set  aside  the  receipts  of  the  road,  over  and 
its  annual  expenses  as  a  sinking  fund  to  pay  the  said  debt  and 
interest,  the  whole  amount  of  said  debt  and  interest  to  be 
paid  before  the  said  Company  shall  order  any  dividends  on 
the  stock  of  the  Company,  and  that  said  sinking  fund  so 
produced  shall  be  semi-annually  paid  into  the  Public  Trea- 
sury. 

Sec.  2.  Be  it  further  ordained,  That  no  part  of  said  loan 
or  bonds  shall  be  delivered  to  said  Company  until  the  Presi- 


1868.]     ■  CCXffVENTIOlS"  JOURNAL.  399 

dent  and  Directors  thereof  shall  execute  and  deliver  to  the 
Governor  of  the  State  a  mortgage  on  the  entire  road  and  its 
property,  conditioned  to  save  the  State  harmless,  against  the 
loss  of  both  principal  and  interest  of  said  loan. 

Sec.  3.  Beit  further  ordained,  That  the  coupon  bonds  loan- 
ed as  aforesaid  shall  be  signed  by  the  Governor,  countersigned 
by  the  Treasurer,  and  sealed  with  The  Great  Seal  of  the 
State,  bearing  six  per  centum  interest,  the  principal  payable 
at  the  end  of  thirty  years  from  the  date  thereof  and  the  cou- 
pons for  the  interest  payable  semi-annually  in  such  form  as  the 
Public  Treasurer  may  direct. 

Sec.  4.  Be  it  further  ordained,  That  said  Company  may 
have  the  exclusive  right  of  transporting  persons  and  freight 
uoon  said  road  at  such  rates  of  charges  as  the  Board  of  Direc- 
tors  may  fix,  and  may  have  power  to  farm  or  lease  the  same 
to  any  person  or  persons  or  corporation. 

Sec.  5.  Be  it  further  ordained,  That  the  stockholders  of 
the  said  Company  may  pay  the  stock  subscribed  by  them 
either  in  money,  labor  or  material,  for  constructing  said  road, 
as  the  Board  of  Directors  may  determine,  and  that  all  Coun- 
ties and  Towns,  subscribing  stock  to  said  Company,  shall  do 
so  in  the  same  manner  and  under  the  same  rules,  regulations 
restrictions,  as  set  forth  and  prescribed  in  the  act  incorpora- 
ting said  Company. 

Sec.  6.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  and  take  effect  from  and  after  its  passage. 

Mr.  Baker  amended  by  striking  out  the  word  "  said,"  in 
second  line,  and  insert  "  the  Williamston  and  Tarboro'  Rail 
Road." 

The  yeas  and  nays  were  demanded. 

The  demand  was  sustained. 

The  ordinance  passed,  as  amended,  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Baker,  Benbow,  Blume,  Bryan, 
Carey,  Carter,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox, 
Dowd,  Fisher,  Forkner,  French  of  Bladen,  French  of  Chowan, 
Fallings,  Gahagan,  Graham  of  Montgomery,  Grant  of  Wayne, 
Gully,  Gunter,  Harris  of  Wake,  Harris  of  Franklin,  Hayes  of 


400  CONVENTION  JOURNAL.  [Session 

Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Holt, 
Hood,  Ing,  Kinney,  Laflin,  Legg,  Long,  Mann,  May,  Mayo, 
Marshall,  Murphy,  Nance,  Pierson,  Ragland,  Read,  Renfrow, 
Rich,  Rodman,  Stilly,  Sweet,  Tucker,  Watts  and  Welker— 55. 

Those  who  voted  in  the  negative  are : 

Messrs.  Aydlott,  Barnes,  Daniel,  Duckworth,  Ellis,  George, 
Grant  of  Northampton,  Jones  of  Washington,  King  of  Lenoir, 
Parks,  Rhodes,  Rose,  Sanderlin  and.  Williams  of  Wake — 15. 

Mr.  Hayes,  of  Halifax,  moved  a  reconsideration  of  the  vote. 

Mr.  Dowd  moved  to  lay  the  motion  on  the  table- 

The  motion  was  sustained. 

The  following  report  of  the  Committee  on  inquiry  on  the 
validity  of  acts,  etc.,  was  received  and  adopted  ; 

The  Committee  to  whom  the  foregoing  resolution  was  re- 
ferred, respectfully  report : 

That  they  were  not  directed  to  enquire  whether  in  fact  the 
presiding  officer  of  this  Convention  was  a  registered  voter  or 
not.  They,  therefore,  did  not  enquire  into  these  matters  of 
fact,  but  assumed  for  the  purposes  of  the  inquiry,  as  seems  to 
be  assumed  in  the  resolution,  that  he  was  not  registered,  and 
was  not  entitled  to  register.  Your  Committee  are  not  aware 
of  any  way  in  which  the  authenticity  or  the  validity  of  enact- 
ment can  be  brought  into  question  judicially,  upon  the  ground 
supposed. 

They  are  not  aware  of  any  case  in  which  the  validity  of 
Legislative  enactment  has  been  questioned,  on  the  ground  that 
any  member  of  the  enacting  body  was  disqualified,  or  that  the 
Speaker  was  disqualified,  No  one  can  look  behind  the  Statute 
itself,  if  the  body  enacting  it  was  possessed  of  Legislative 
power. 

2d.  Again,  by  the  Reconstruction  Acts  of  Congress,  the 
power  is  conferred  on  the  General  Commanding,  of  the  Se- 
cond District,  to  judge  of  the  elections  and  qualifications  of 
the  members  of  this  Convention.  In  several  case's  where 
seats  were  contested,  the  General  referred  it  to  the  Conven- 
tion to  decide  upon  these  qualifications,  so  that  this  Conven- 
tion possesses  the  power  usual,  if  not  indispensible  to  Legisla- 
tive bodies,  of  deciding  who  are,  and  who  are  not,  lawfully  its 
members. 


1868.]  CONVENTION  JOUKNAL.  401 

The  General  was  obliged  to  pass  on,  and  did  pass  on  and 
-decide  in  favor  of  the  legal  qualification  of  the  delegate  from 
Wilkes,  who  presides  in  this  body.  The  decision  of  the  Gen- 
eral must  be  assumed  to  be  correct  by  this  Convention  and 
by  every  other  legislative  or  judicial  body  before  whom  the 
question  may  come,  until  it  shall  be  reversed  by  this  Conven- 
tion, acting  in  the  regular  and  accustomed  manner. 

This  Convention  has  taken  no  such  action.  If  it  shall  here- 
after do  so,  then  the  seat  of  the  delegate  will  be  vacated 
by  him,  but  the  validity  of  no  act  previously  passed  would 
be  thereby  impaired,  although  it  might  have  been  passed  by 
a  majority  of  a  single  vote,  which  was  that  of  the  delegate 
whose  seat  was  vacated.  It  is  upon  this  ground  that  the 
ousted  delegate  is  entitled  to  draw  his  pay  until  he  is  ousted, 

It  is  a  well  known  principle  of  law,  that  the  acts  of  officers 
de-facto  cannot  be  collaterally  impeached.  This  principle 
has  been  otten  applied  to  hold  valid  the  acts  of  Sheriffs  and 
other  similar  officers  who  were  in  office,  but  not  rightfully 
so.  Also,  to  hold  valid  marriages  performed  by  Justices  of 
the  Peace  and  Ministers  who  had  not  been  duly  commis- 
sioned or  licensed,  but  habitually  performed  the  functions  of 
those  offices.  It  is  conceived  that  this  principle  completely 
covers  the  case  of  the  presiding  officer  of  this  body. 

3d.  Your  Committee  conceive  that  it  will  be  the  duty  of 
this  Convention,  by  ordinance,  to  provide  some  means  by 
which  the  acts  and  proceedings  of  the  body  shall  be  authenti- 
cated. The  usual  method  of  doing  this  is  by  certificate  of  the 
presiding  officer  and  the  Secretary.  But  it  is  not  the  only 
one  possible.  The  Convention  might,  if  it  thought  proper, 
require  its  acts  to  be  authenticated  by  the  certificate  of  the 
President  alone,  or  of  the  Secretary  alone.  And  your  Com- 
mittee are  of  opinion  that  whatever  mode  of  authentication 
of  its  acts  and  ordinances  should  be  ordained  by  this  Conven 
tion,  whether  it  be  by  certificate  signed  by  the  President  and 
Secretary,  or  by  one  of  them  alone,  will  be  sufficient,  and  can 
never  admit  of  any  doubt  or  produce  any  difficulty. 


-26 


402  CONTENTION  JOURNAL.  [Session 

And  the  Committee  ask  to  be  discharged  from  the  further 
consideration  of  the  subject. 

WILL.  B.  RODMAN, 
DAYID  HEATON, 
C.  C.  POOL. 

On  motion  of  Mr.  Pool,  the  yeas  and  nays  were  demanded 
on  the  motion  of  Mr.  Hood  to  lay  the  motion  of  Mr.  French, 
of  Bladen,  on  the  table,  which  motion  was  the  reconsideration 
of  the  vote  on  the  substitute  of  Mr.  Heaton,  passed  as  section 
2d  of  the  Article  of  Suffrage. 

The  call  was  sustained. 

The  motion  was  laid  on  the  table  by  the  following  vote : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Col 
grove,  Congleton,  Cox,  Daniel,  Dickey,  Dowd,  Duckworth, 
Forkner,  French  of  Chowan,  Garrett,  George,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Hall,  Harris 
of  Wake,  Harris  of  Franklin,  Hay,  Heaton,  Hobbs,  Hollo- 
well,  Hood,  Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lenoir,  Kinney,  Laflin,  Legg,  Logan,  Long, 
May,  Mayo,  Marshall,  Murphy,  Nance,  Nicholson,  Patrick, 
Parker,  Parks,  Petree,  Peterson,  Pierson,Pool,  Ragland,  Ray, 
Read,  Renfrow,  Rhodes,  Robbins,  Rodman,  Smith,  Stilly, 
Sweet,  Teague,  Trogden,  Tucker,  Watts,  Welker  and  Wil- 
liams of  Wake — 75. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Candler,  Durham,  Ellis,  Etheridge,  Fisher,  French 
of  Bladen,  Gahagan,  Garland,  Graham  of  Montgomery,  Mer- 
ritt,  Rose  and  Sanderlin— 12. 

Section  3d  of  the  Article  was  read  and  adopted. 

The  majority  report  of  the  Committee  on  Suffrage  passed 
its  third  and  final  reading  by  the  following  vote,  yeas  80,  nays  8: 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Rarnes,  Benbow, 
Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Col- 
grove,  Congleton,  Cox,  Daniel,   Dickey,  Dowd,  Duckworth  1 


1868.]  CONVENTION  JOURNAL.  403 

Eppes,  Fisher,  Forkner,  French  of  Chowan,  George,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Hall,  Harris  of 
Wake,  Harris  of  Franklin,  Hay,  Heaton,  Hobbs,  Hoffler,  Hol- 
lowell,  Hood,  Hyinan,  Ing,  Jones  of  Caldwell,  Jones  of  Wash- 
ington, King  of  Lenoir,  Laflin,  Legg,  Logan,  Long,  May,  Mayo, 
Marshall,  McDonald  of  Moore,  Moore,  Mullican,  Murphy, 
Nance,  Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ragland,  Kay,  Read,  Renfrow,  Rhodes,  Rob- 
bins,  Rodman,  Rose,  Smith,  Stilly,  Sweet,  Teague,  Tucker, 
Turner,  Watts,  Welker  and  Williams  of  Wake — 80. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Candler,  Durham,  Ellis,  Gahagan,  Graham  of 
Montgomery,  McCubbins,  Merntt  and  Sanderlin — 8. 

The  Article  on  Eligibility  to  Office  was  taken  up  and 
placed  on  its  third  and  final  reading  and  passage. 

Section  1st  was  read  and  adopted. 

Section  2d  was  read. 

Mr.  Pool  moved  to  amend  by  adding  after  the  word  "  crime," 
on  fifth  line,  the  words,  "  since  becoming  citizens  of  the  United 
States." 

The  amendment  was  adopted. 

Mr.  Marshall  offered  to  amend  by  adding  to  the  section,  "  or 
disqualified  by  the  fourteenth  Article  of  the  Constitution  of 
the  United  States,1' 

Mr.  Bryan  offered  to  amend  by  inserting  after  the  word 
"  citizen,"  "  those  debarred  from  holding  office  by  the  four- 
teenth Article  of  the  Constitution  of  the  United  States,  known 
as  the  Howard  Amendment." 

Mr.  Bryan  withdrew  his  amendment. 

Mr.  French,  of  Chowan,  offered  the  following  as  a  substi- 
tute to  the  amendment  of  Mr.  Marshall : 

"  All  persons  who  have  previously  taken  an  oath  as  a  mem- 
ber of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a 
member  of  any  State  Legislature,  or  as  an  Executive  or  Judi- 
cial officer  of  any  State,  to  support  the  Constitution  of  the 
United  States,  shall  have  engaged  in  insurrection-  or  rebellion 
against  the  same,  or  given  aid  and  comfort  to  the   enemies 


404  CONVENTION  JOURNAL.  [Session 

thereof,  until  such  disability  be  removed  by  the  Congress  of 
the  United  States." 

The  yeas  and  nays  were  demanded. 

The  substitute  was  not  adopted,  yeas  35,  nays  58. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Benbow,  Bryan,  Carter,  Candler, 
Chillson,  Dickey,  Duckworth,  Fisher,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan, 
Garland,  Graham  of  Montgomery,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Ing,  Jones  of  Washington,  Kinney,  Logan,  May,  Mar- 
shall, Murphy,  Parks,  Petree,  Ragland,  Ray,  Rhodes,  Rose, 
Smith,  Tucker  and  Turner — 35. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Baker,  Barnes,  Blnme,  Bradley,  Carey, 
Cherry,  Cowles,  Colgrove,  Congleton,  Cox,  Daniel,  Dowd, 
Durham,  Ellis,  Etheridge,  Forkner,  George,  Grant  of  North- 
ampton, Gully,  Gunter,  Hall,  Harris  of  "Wake,  Harris  of 
Franklin,  Hay,  Heaton,  Highsmith,  Hobbs,  Hoffler,  Holt, 
Hyman,  Jones  of  Caldwell,  King  of  Lenoir,  Laflin,  Legg, 
Lennon,  Long,  McCubbins,  Merritt,  McDonald  of  Moore, 
Moore,  Morton,  Mullican,  Nance,  Nicholson,  Patrick,  Parker, 
Pierson,  Pool,  Read,  Rich,  Rodman,  Sanderlin,  Stilly,  Teague, 
Trogden,  Welker  and  Williams  of  Wake — 58. 

The  question  recurred  on  the  amendment  of  Mr.  Marshall. 

The  yeas  and  nays  were  demanded. 

The  demand  was  sustained. 

The  amendment  was  lost  by  the  following  vote,  yeas  40, 
nays  57: 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Benbow,  Blume,  Bryan,  Carter, 
Candler,  Chillson,  Dickey,  Fisher,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gar- 
land, Graham  of  Montgomery,  Hall,  Harris  of  Franklin, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Ing,  Jones  of  Washing- 
ton, Kinney,  Logan,  May,  Marshall,  Mullican,  Murphy, 
Parks,  Petree,  Rag] and,  Ray,  Rhodes,  Robbins,  Rose,  Smith, 
Teague,  Tucker  and  Turner — 40. 

Those  who  voted  in  the  negative,  are : 


1868.]  CONVENTION  JOURNAL.  405 

Messrs.  Aydlott,  Baker,  Barnes,  Bradley,  Carey,  Cherry, 
Colgrove,  Congleton,  Cowles,  Cox,  Daniel,  Dowd,  Durham, 
Ellis,  Etheridge,  George,  Grant  of  Northampton,  Gully, 
Gunter,  Harris  of  Wake,  Hay,  Heaton,  Highsmith,  Hobbs, 
Hoffler,  Hollowell,  Holt,  Hood,  Hyman,  Jones  of  Caldwell, 
King  of  Lenoir,  Lafiin,  Legg,  Lennon,  Long,  Mayo,  McCub- 
bins,  Merritt,  McDonald  of  Moore,  Moore,  Morton,  Nance, 
Nicholson,  Patrick,  Parker,  Peterson,  Pierson,  Pool,  Head, 
Rich,  Rodman,  Sanderlin,  Stilly,  Sweet,  Trogden,  Welker 
and  Williams  of  Wake — 57. 

Section  2d,  as  read,  was  adopted. 

The  article  on  Eligibility  to  Office  then  passed  its  third  and 
final  reading  by  the  following  vote,  yeas  76,  nays  9  : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow, 
Blume,  Bryan,  Carey,  Carter,  Cherry,  Chillson,  Colgrove, 
Congleton,  Cowles,  Cox,  Daniel,  Dickey,  Dowd,  Duckworth, 
Eppes,  Forkner,  French  of  Chowan,  Gahagan,  George,  Grant 
of  Northampton,  Gully,  Gunter,  Hall,  Harris  of  Wake,  Harris 
of  Franklin,  Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs, 
Hoffler,  Hollowell,  Flood,  Hyman,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lenoir,  Kinney,  Lafiin,  Long,  Mayo, 
McDonald  of  Moore,  Moore,  Morton,  Mullican,  Murphy, 
Nance,  Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ragland,  Ray,  Rhodes,  Rich,  Robbins,  Rod- 
man, Rose,  Smith,  Stilly,  Sweet,  Teague,  Tucker,  Turner, 
Welker,  Williams  of  Wake  and  Williamson — 76. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Candler,  Durham,  Etheridge,  Garland,  Graham  of 
Montgomery,  Holt,  Ing,  Merritt  and  Sanderlin — 9. 

Mr.  Abbott  introduced  a  petition  of  divorce  from  Joel 
Evans. 

Referred  to  the  Committee  of  seventeen. 

Mr.  Harris,  by  permission,  introduced  the  following  resolu- 
tion : 

Resolved,  That  no  delegate  of  this  Convention  shall  receive 
any  further  pay  until  after  the  adjournment,  without  the 
consent  of  the  Convention. 


106  CONVENTION  JOURNAL.  [Session 

Mr.  King,  of  Lenoir,  moved  to  lay  the  resolution  on  the 
table. 

The  motion  prevailed. 

Mr.  Harris  gave  notice  that  he  would  renew  his  resolution 
in  the  morning. 

Mr.  Pool,  Chairman  of  the  Committee  on  Enrollment,  re- 
ported : 

That  the  Committee  have  compared  the  enrolled  Articles 
on  Homesteads,  Municipal  Corporation,  and  Finance,  and 
certify  the  same  to  be  correct. 

C.  C.  POOL,  Chairman. 

Mr.  French,  of  Chowan,  moved  to  reconsider  the  vote  on 
section  4th  of  the  Article  on  the  Judicial  Department. 
Pending  which,  on  motion,  the  House  adjourned. 


EVENING  SESSION,  March  11th,  1868. 

The  Convention  was  called  to  order  at  1\  o'clock,  by  the 
President. 

The  Poll  was  called,  and  the  following  members  answered 
to  their  names : 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Benbow,  Blume, 
Bradley,  Bryan,  Carter,  Cherry,  Chillson,  Congleton,  Cox, 
Duckworth,  Ellis,  Eppes,  Ethericlge,  Forkner,  Franklin, 
French  of  Bladen,  French  of  Pockingham,  French  of  Chowan, 
Fullings,  Gahagan,  Galloway,  George,  Grant  of  Northamp- 
ton, Gully,  Gunter,  Hall,  Harris  of  Wake,  Harris  of  Franklin, 
Hay,  Hayes  of  Robeson,  Hobbs,  Homer,  Hollowell,  Hood, 
Hyinan,  Ing,  Jones  of  Caldwell,  Jones  of  "Washington,  King 
of  Lenoir,  Kinney,  Lee,  Legg,  Lennon,  Logan,  Long,  Mayo, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Moore,  Moore, 
Mullican,  Nance,  Newsom,  Nicholson,  Parker,  Petree,  Pier- 
son,  Ray,  Robbins,  Rose,  Sanderlin,  Stilly,  Stilwell,  Sweet, 
Teague,  Trogden,  Tucker,  Turner,  Watts,  Welker  and  Wil- 
liamson— 76. 


1868.]  CONTENTION  JOURNAL.  407 

The  ordinance  of  Relief  introdnced  by  Mr.  Rodman  was 
taken  up  and  discussed. 

Mr.  Pool  offered,  as  a  substitute  for  the  ordinance  of  Mr. 
Rodman,  an  ordinance  entitled 

AN  ORDINANCE  TO  PREVENT  THE  SACRIFICE 
OF  THE  PROPERTY  OF  DEBTORS. 

Whereas,  Credit  being  usually  extended  upon  the  esti- 
mated value  of  property  owned,  such  value,  at  the  time,  be- 
comes of  the  essence  of  the  contract,  and  a  condition  of  the 
same  ;  and,  whereas,  by  reason  of  the  present  extraordinary 
depreciation  of  the  value  of  property,  owned  by  the  citizens 
of  North-Carolina,  sales  for  the  payment  of  debts,  in  the  pres- 
ent condition  of  public  affairs,  would  be  not  only  unjust,  but 
utterly  ruinous  to  debtors,  and  paralyzing  to  every  branch  of 
industry  and  enterprise  ;  therefore, 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the  au- 
thority of  the  same,  That  hereafter,  when  any  sheriff,  consta- 
ble, or  other  officer  shall  levy  an  execution  on  property  for  the 
satisfaction  of  any  judgment,  order  or  decree  rendered,  or  which 
may  hereafter  be  rendered,  or  shall  have  in  his  hands  any  pre- 
cept for  the  sale  of  property  heretofore  levied  upon,  such  sheriff, 
.constable  or  other  officer,  shall  summon  three  disinterested 
freeholders  from  the  vicinity  of  such  property,  who  shall  view 
the  same,  and  assess  its  real  value  at  the  date  the  contract 
upon  which  such  execution  or  precept  is  based,  which  assess- 
ment shall  be  endorsed  upon  such  execution  or  precept,  and 
signed  by  the  said  freeholders. 

Sec,  2.  Be  it  further  ordained,  That  no  sale  shall  be  made 
of  property  for  the  satisfaction  of  any  judgment,  order,  or  de- 
cree already  rendered,  or  that  may  hereafter  be  rendered  or 
made,  unless  the  amount  of  said  assessed  value  be  bid  or  paid 
for  the  same.  And,  in  case  there  shall  be  no  bid  to  the  amount 
of  the  said  assessed  value,  the  sheriff,  constable  or  other  officer 
shall  make  return  of  the  fact  to  court  to  which  such  exe- 
cution, order  or  precept  may  be  returnable ;  and  upon  such 


408  CONTENTION  JOURNAL.  [Session 

return  being  made,  either  party,  having  given  the  other  ten 
days  notice  in  writing,  may  move  the  court  to  re-assess  such 
property  ;  and  upon  its  appearing  to  the  court"  that  the  as- 
sessment by  the  freeholders  was  not  the  true  value  of  the  pro- 
perty at  the  date  of  the  contract,  for  the  satisfaction  of  which 
a  sale  is  sought  to  be  made,  the  court  shall  proceed  to  hear 
testimony,  and  to  re-assess  the  same  at  its  true  value  at  the 
date  aforesaid  ;  from  which  re-assessment  by  the  court  either 
party  may  appeal  as  now  provided  by  law  in  other  cases. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
be  subject  to  amendment,  modification  or  repeal  by  any  future 
Legislature  of  the  State. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
take  effect  from  and  after  its  passage. 

As  amended  by  inserting  after  the  word  "-turn,"  in  the 
eighth  line,  the  following  words :  "  return  no  sale  for  want  of 
competition  among  bidders,  according  to  law,,  and  return  the 
same,"  and  striking  out  the  words,  "  of  the  fact." 

Mr.  Pool  also  accepted  the  following  amendment: 

Insert  between  the  words  "  the  "  and  "  amount,"  on  the 
fourth  and  sixth  lines,  the  words  "three-fourth  of." 

Mr.  Watts  moved  to  amend  section  2d  by  adding  the  fol- 
lowing to  the  section ;. 

u  Provided,  That  nothing  contained  in  the  section  shall  be 
construed  to  prevent  the  debtor  from  consenting  to  the  sale  of. 
the  property  and  authenticating  the  execution  of  the  title." 

The  amendment  was  accepted  by  Mr.  Pool. 

The  substitute  was  put  to  the  House  and  lost  by  the  follow- 
ing vote : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Cox,  Duckworth,  Forkner,  Fullings, 
Gahagan,  George,  Glover,  Grant  of  Northampton,  Hall,  Hay, 
Heaton,  Hollowell,  Jones  of  Caldwell,  King  of  Lincoln,  King 
of  Lenoir,  McCubbins,  Mullican,  Nicholson,  Parker,  Peterson, 
Pool,  Pay,  .Renfrew,  Eobbins,  Teague,  Trogden  and  Tuck- 
er— 36. 

Those  who  voted  in  the  negative,  are  i 


1868.]  CONTENTION  JOURNAL.  409 

Messrs.  Aydlott,  Baker,  Cherry,  Chillson,  Congleton,  Ellis, 
Eppes,  Etheridge,  Fisher,  French  of  Bladen,  French  of  Rock- 
ingham, Gnnter,  Harris  of  Franklin,  Hayes  of  Robeson, 
Hobbs,  Ing,  Jones  of  Washington,  Kinney,  Lafiin,  Logan, 
Long,  Mayo,  Marshall,  Merritt,  McDonald  of  Moore,  Moore, 
Morton,  Nance,  Patrick,  Parks,  Ragland,  Read,  Rhodes, 
Rich,  Rodman,  Rose,  Sanderlin,  Stilly,  S  til  well,  Sweet,  Tur- 
ner, Watts,  Welker  and  Williamson- — 44. 

The  question  recurred  on  the  ordinance  introduced  by  Mr* 
Rodman. 

The  ordinance  was  lost  by  the  following  vote : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Aydlott,  Blume,  Chilson,  Etheridge,  French 
of  Chowan,  Glover,  Gunter,  Harris  of  Franklin,  Hay,  Lafiin, 
Long,  Mayo,  Marshall,  Merritt,  McDonald  of  Moore,  Moore, 
Nance,  Newsom,  Patrick,  Ragland,  Read,  Rich,  Rodman, 
Sanderlin,  Stilly,  Stilwell,  Sweet,  Turner,  Welker  and  Wil- 
liamson— 31. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Andrews,  Barnes,  Benbow,  Bradley,  Bryan,  Carey, 
Colgrove,  Congleton,  Cox,  Duckworth,  Ellis,  Eppes,  Forkner, 
French  of  Bladen,  French  of  Rockingham,  Fullings,  Gaha- 
gan,  George,  Grant  of  Northampton,  Hall,  Hayes  of  Robeson, 
Hobbs,  Hollowell,  Ing,  Jones  of  Washington,  King  of  Lin- 
coln, King  of  Lenoir,  Kinney,  Logan,  McCubbins,  Morton, 
Mullican,  Nicholson,  Parker,  Parks,  Petree,  Pool,  Ray,  Ren- 
frow,  Rhodes,  Robbins,  Rose,  Teagne,  Trogden  and.  Tuck- 
er— 45. 

Mr.  Abbott  introduced  the  following  resolution  :. 

Jtesolved,  That  the  President  of  this  Convention  is  author- 
ized and  directed  to  appoint  W.  H.  S.  Sweet  a  Committee  to 
visit  Charleston  and  confer  with  Major  General  E.  R.  S. 
Canby,  Commanding  the  Second  Military  District,  in  relation 
to  the  approaching  election,  the  manner  of  conducting  the 
same,  and  what  is  required  by  this  Convention  in  regard  to 
the  same,  and  report  back  to  the  body  before  the  Conven- 
tion adiourns* 


410  CONVENTION  JOURNAL.  [Session 

On  motion,  the  rules  were  suspended,  and  the  resolution 
passed. 

Mr.  Morton  gave  notice  that  he  would  move  to  reconsider 
the  vote  on  the  Belief  Ordinance  introduced  by  Mr.  Rodman. 

On  motion  the  House  adjourned. 


THURSDAY,  March  12th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Branson. 

The  roll  was  called  and  the  following  members  answered  to 
their  names : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Benbow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler, 
Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey,  Dowd, 
Duckworth,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  Frank- 
lin, French  of  Bladen,  French  of  Rockingham,  French  of 
Chowan,  Fullings,  Gahagan,  Galloway,  Garland,  Garrett, 
George,  Glover,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gunter,  Hall,  Harris  of  Franklin, 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  ITodnett,  Hoffler,  Hollowell,  Holt,  Flood,  Hy- 
man,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King  of 
Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Lee,  Legg,  Lennon, 
Logan,  Long,  May,  Majo,  Marshall,  McCubbins,  Merritt,  Mc- 
Donald of  Moore,  Moore,  Morton,  Mullican,  Murphy,  Nance, 
Newsom,  Nicholson,  Patrick,  Parker,  Parks,  Petree,  Peterson, 
Pierson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rich, 
Robbins,  Rodman,  Rose,  Sanderlin,  Smith,  Stilly,  Stilwell, 
Taylor,  Teague,  Tourgee,  Tucker,  Turner,  Watts,  Welker, 
Williams  of  Wake,  and  Williamson — 109. 

Leave  of  absence  was  granted  Messrs.  Ing,  Long,  Garland, 
•and  Garrett. 

On  motion,  the  rules  were  suspended. 

On  motion,  the  order  of  adjournment  was  recinded. 

The  Chair  announced  the  following  Committee  to  report 


1868.]  CONVENTION  JOURNAL.  411 

in  relation  to   the  ordinance  respecting  the  Intimidation  of 
voters : 

Messrs.  Tourgee,  Ellis,  and  Harris  of  Wake,  with  instruc- 
tions to  report  at  Friday  evening's  session. 

Mr.  Morton's  resolution  on  adjournment  was  taken  up. 

Mr.  Abbott  introduced  the  following  as  a  substitute  for  the 
resolution  of  Mr.  Morton 

Which,  on  motion,  was  adopted: 

Resolved,  That  when  the  Convention  adjourn,  it  be  at  the 
call  of  the  President,  or  in  case  of  his  death,  by  the  Secreta- 
ry, or  in  case  of  his  death,  at  a  call  signed  by  a  majority  of 
the  delegates.  This  authority  to  re  assemble  the  Convention 
shall  cease  after  January  1st,  1869. 

The  following  resolution  introduced  by  Mr.  Ashley  was 
read  and  adopted. 

Resolved,  That  this  Convention  will  adjourn  on  or  before 
Tuesday,  17th  instant,  at  12  o'clock,  M. 

The  Committee  to  whom  was  referred  the  resolution  in 
favor  of  reducing  the  tax  on  spirits  of  turpentine,  report  that 
they  have  had  the  same  under  consideration  and  deem  further 
action  inexpedient,  and  ask  to  be  discharged  from  a  further 
consideration  of  the  subject. 

The  report  was  accepted  and  adopted. 

The  report  of  the  Committee  on  Relief  from  Political  Dis- 
abilities was  received  and  discussed. 

During  the  discussion  Mr.  Durham  made  'use  of  the  fol- 
lowing language,  which  was  ordered  to  be  entered  on  the 
Journal : 

"This  report  is  a  fraud  upon  the  people  of  North-Carolina, 
and  it  is  so  intended  to  be.  The  Secretary  may  take  my 
words  down.  I  don't  care  for  the  Secretary  or  the  Convention 
either." 

Mr.  Heaton  introduced  an  ordinance  in  relation  to  the  ap- 
pointment of  Code  Commissioners. 

Lies  over  under  the  rules. 

Mr.  Baker  offered  the  following  as  a  substitute  for  the  re- 
port of  the  Committee  on  Relief  from  Political  Disabilities  s 

Resolved,  That  the  Congress  of  the  United  States  be  re- 


412  CONVENTION  JOURNAL.  [Session 

spectfully  requested  to  remove  the  political  disabilities  from 
all  persons  in  North-Carolina  prevented  by  the  Reconstruc- 
tion Acts  or  the  proposed  14th  Article,  from  voting  or  hold- 
ing office. 

Mr.  King,  of  Lenoir,  offered  to  amend  by  adding  to  the  sub- 
stitute the  words,  "  All  that  are  in  favor  of  universal  suffrage 
to  all  male  persons  over  twenty-one  years  of  age,  without  dis- 
triction  of  race  or  color." 

On  motion,  the  amendment  to  the  substitute  was  adopted. 

The  substitute  as  amended  was  put  to  the  House. 

The  yeas  and  nays  were  called. 

The  call  was  sustained. 

The  substitute  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  King  of  Lenoir,  Read,  and  "Williams  of  Wake — 3. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Bryan, 
Carey,  Carter,  Candler,  Colgrove,  Congleton,  Cox,  Daniel, 
Dickey,  Dowd,  Duckworth,  Durham,  Ellis,  Etheridge,  Fork- 
ner,  Franklin,  French  of  Bladen,  French  of  Chowan,  Fal- 
lings, Gahagan,  Galloway,  Garland,  Garrett,  George,  Gra- 
ham of  Montgomery,  Grant  of  Wayne,  Grant  of  Northamp- 
ton, Gully,  Gunter,  Harris  of  Franklin,  Hay,  Hayes  of  Hali- 
fax, Heaton,  Highsmith,  Hobbs,  Hollowell,  Holt,  Hood,  Hy- 
man,  Ing,  Jones  of  Washington,  Kinney,  Laflin,  Lee,  Legg, 
May,  Mayo,  Marshall,  Merritt,  McDonald  of  Moore,  Mnllican, 
Murphy,  Nance,  Newsom,  Parker,  Parks,  Petree,  Pool,  Rag- 
land,  Ray,  Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose, 
Sanderlin,  Smith,  Stilly,  Teague,  Tourgee,  Trogden,  Turner, 
Watts,  Welker  and  Williamson — 81. 

Mr.  Durham  offered  the  following  substitute : 

"  It  is  the  sense  of  this  Convention  that  political  disabili- 
ties ought  to  be  removed  from  all  citizens  of  North-Carolina 
without  regard  to  political  opinions  or  their  support  or  oppo- 
sition to  universal  suffrage." 

Mr.  Tourgee  moved  to  amend  by  striking  out  the  word 
"  all." 


1868.]  CONVENTION  JOURNAL.  413 

Mr.  Tourgee  withdrew  his  amendment  and  moved  to  lay 
the  substitute  on  the  table. 

By  request  Mr.  Tourgee  withdrew  his  motion  to  lay  the 
substitute  on  the  table  and  renewed  his  amendment. 

The  amendment  was  lost. 

Mr.  Hood  moved  to  amend  bv  striking  out  all  after  "North- 
Carolina." 

The  amendment  was  not  sustained. 

The  question  recurred  on  the  substitute. 

The  yeas  and  nays  were  demanded. 

The  call  was  not  sustained.  . 

The  substitute  was  put  to  the  House  and  lost. 

The  question  recurred  on  the  original  report  of  the  Com- 
mittee. 

Mr.  Rodman  moved  to  amend  as  follows  : 

Resolved,  That  the  Congress  of  the  United  States  be  re- 
spectfully requested  to  relieve  all  the  people  of  North-Caro- 
lina from  all  disabilities  and  disqualifications  imposed  by  the 
proposed  fourteenth  amendment  to  the  Constitution  of  the 
United  States,  or  by  what  is  known  as  the  Reconstruction 
Acts  of  Congress. 

The  yeas  and  nays  were  demanded. 

The  call  was  sustained. 

The  amendment  was  lost  by  the  following  vote,  yeas  26, 
nays  75. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Baker,  Bradley,  Daniel,  Dowd,  Durham,  Ellis, 
Etheridge,  Gunter,  Hall,  Hodnett,  Hollowell,  Holt,  Jones  of 
Caldwell,  Lafiin,  Legg,  Lennon,  Long,  McCubbins,  Merritt, 
Read,  Rich,  Rodman,  Sanderlin,  Taylor,  Turner,  and  Wil- 
liams, of  Wake — 26. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Ben- 
bow,  Blume,  Bryan,  Carey,.  Carter,  Candiei',  Chillson,  Col- 
grove,  Congleton,  Cox,  Dickey,  Duckworth,  Eppes,  Fisher, 
Eorkner,  Franklin,  French  of  Bladen,  French  of  Rocking- 
ham, French  of  Chowan,  Fullings,  Gfahagan,  Galloway,  Gar- 
land $  Graham  of  Montgomery,  Grant  of  Wayne,  Gul.ly?  Har- 


414  CONVENTION  JOURNAL,  [Session 

ris  of  Franklin,  Hayes  of  Robeson,  Hayes  of  Halifax,  Hea- 
ton,  Highsmith,  Hobbs,  Hood,  Hyman,  Ing,  Jones  of  Wash- 
ington, King  of  Lenoir,  Kinney,  Lee,  Logan,  Mann,  May, 
Mayo,  Marshall,  McDonald  of  Moore,  Moore,  Morton,  Mulli- 
can,  Murphy,  Nance,  Newsom,  Parker,  Parks,  Petree,  Pier- 
son,  Pool,  Ragland,  Renfrow,  Rhodes,  Robbins,  Rose,  Smith, 
Stilly,  Stilwell,  Teague,  Tourgee,  Trogden,  Watts,  Welker 
and  Williamson — 75. 

The  question  recurred  on  the  original  report  of  the  Com- 
mittee, which  was, 

On  motion,  adopted. 

The  following  is  the  report  as  adopted  '. 

REPORT  OF  THE  COMMITTEE  ON  RELIEF  FROM 
POLITICAL  DISABILITY. 

We,  the  undersigned  Committee  on  Relief  from  Political 
Disability,  having  investigated  the  claims  of  those  presented 
for  our  consideration  most  respectfully  submit  the  following 
report : 

Whereas,  The  persons  hereinafter  named  are  disqualified 
to  hold  office,  by  the  fourteenth  Article  of  the  Constitution  of 
the  United  States,  known  as  the  Howard  amendment ;  and 
whereas,  they  have  evidenced  that  they  are  in  hearty  accord 
with  the  Reconstruction  measures  of  Congress  :  Therefore, 

Resolved,  That  we  petition  the  Congress  of  the  United 
•States  to  remove  their  disabilities  in  accordance  with  the  pro- 
visions of  the  aforementioned  Article  of  the  Constitution. 

J.  W.  HOOD,  Chairman, 
A.  W.  TOURGEE, 
T.  J.  FORKNER, 
C.  C.  JONES, 
GEORGE  W.  GAHAGAN. 
JAMES  HAY, 
WM.  NICHOLSON, 
R.  W.  KING, 


1868.]  CONVENTION  JOURNAL.  415 


FRAKLIN    COUNTY. 


A.  M.  Timberlake,  W.  S.  Harris,  E.  A,  Crudup,  Green  H„ 
Grupton. 


WAKE   COUNTY. 


¥m.  H.  Harrison,  Albert  Johnson,  Hilliard  J.  Smith,  W. 
E.  Richardson,  Wiley  D.  Jones,  Jacob  Sorrell,  C.  L.  Harris. 


PITT   COUNTY. 


Joseph  Staten,  Lewis  Hilliard,  Thomas  Cox,  James  C. 
Laugley,  Calvin  Cox,  Chas.  J.  O'Hagart,  Julius  C.  Perkins 
Augustus  Quimerly,  Charles  Roundtree. 


HALIFAX    COUNTY. 


Chas.  N.  Webb,  John  I.  Gregory,  John  A.  Reed,  John 
O'Brien,  George  W.  Owens,  J.  T.  Evans. 

BEAUFORT   COUNTY. 

Samuel  I.  Carrow,  Edward  J.  Warren,  Hiram  E.  Stilley, 
Edward  S.  Hoyt,  Wm.  B.  Rodman,  Edmund  Hodges,  Luthur 
Run,  Jessee  G  Bryan,  Samuel  Windley,  George  L.  Windley, 
John  B.  Respass,  Howard  Wiswall,  Henry  Hodges,  Jesse 
Roberson,  Wm.  A.  Blount. 

NEW   HANOVER    COUNTY. 

Joseph  Hi  Flanner,  David  Bunting,  Wm.  B.  Flanner. 

STANLY  COUNTY. 

Joseph  Marshall,  James  E.  Walden,  Dumas  Coggiiis, 
Daniel  Richey,  Lafayette  Green,  Allen  Burris,  Franklin  As 
Lafton,  John  W.  Morton. 


416  CONVENTION  JOURNAL.  [Session 


DAVIDSON   COUNTY. 


Evander  Davis,  Emory  Davis,  David  Loftin,  Willis  Cecill, 
Ephraim  Hampton,  Henderson  Adams,  Green  H.  Lee. 


PERSON  COUNTY. 

John  D.  Wilkerson. 

CALDWELL   COUNTY, 


Lloyd  Ir  Jones,  Washington  Moore,  Wm  M.  Barber,  Hosea 
Bradford,  A,  W.  Austin,  Robt.  B.  Bogle,  Saml.  McCall,  Ja. 
M.  Barber. 


WILSON     COUNTY, 


George  W,  Blount,  Newett  D.  Owens,  Wm,  D.  Farmer, 
John  Wilkerson,  Francis  W.  Taylor, 


FORSYTH   COUNTY, 


Joseph  S,  Phipps  E„  A.  Vogler,  John  G.  Sides.  Wm.  B, 
Stipe,  Wm.  Clinard,  John  M,  Stoltey,  Allen  Spack,  Israel 
Moses,  Thomas  J.  Wilson,  Wm„  F.  Clafton. 


TRANSYLVANIA    COUNTY. 


Jeremiah  Osborne,  Wm.  R.  Galloway  J.  C.  Duckworth, 
Perry  Orr,  J.  W.  Clayton,  Samuel  Reed,  Isaac  A.  Harris, 
Robert  Hamilton,  R.  P.  Kilpatrick,  G.  C.  Neil. 


HENDERSON     COUNTY. 


Benjamin  Williams,  Leander  J.  Pace,  James  M.  Justice, 
Wm.  K.  Leadbetter,  R.  I.  Allen,  "Thomas  Osteen,  S.  B.  O. 
McCall,  David  Stradley,  G,  P.  Edney,  Wm.  D,  Whitted. 


1868.]  CONTENTION  JOURNAL.  417 

Bedford  Brown,  James  Spann,  S.  R.  Stancill,  M.  Owensby, 
John  C.  Gullick,  M.  B.  Lauce,  D.  M.  Justice. 

GUILEOKD   COUNTY. 

Joseph  Haskins,  Barnabas  Pane,  Wyatt  W.  Ragsdale, 
John  Hyatt,  Robert  P.  Dick,  George  W.  Bowman,  David 
Grissom,  John  W,  Kirkman,  Fredrick  Fentress,  Andrew  C. 
Murrow,  Calvin  Causey,  Abram  Clapp,  Newton  D.  Woody, 
Robert  M.  Stafford,  Wm.  M.  Mebane. 

ALAMANCE   COUNTY. 

Joseph  C.  Thompson,  Nathaniel  Stout,  Wm.  P.  McDaniel, 
Simpson  Vestle,  James  Albright,  Henry  Boon. 

LINCOLN   COUNTY. 

Rufus  Clarke,  W.  P.  Bynum,  Henry  Wilkinson. 

BLADEN    COUNTY. 

Dugald  Blue,  Calvin  Jones. 

WILKES  COUNTY. 

R.  M.  Smith,  John  M.  Brown,  James  F.  Tugman,  Andrew 
Porter,  Samuel  P,  Smith,  John  F.  Parlier,  Isaac  McCall, 
Harrold  Hays,  Ambrose  Wiles,  Toliver  Shournate,  Wm.  E, 
Raynolds,  Emanuel  Harrold,  James  H.  Hays. 

CLEVELAND    COUNTY. 

J.  O,  Bridges,  A.  W,  Goins,  Andrew  Parker,  John  Cook, 
David  Hall,  Lewis  Downs,  Henry  Wortman,  J.  C.  Ryers. 

CUMBERLAND    COUNTY. 

Robert  Orrell,  A.  G.  Thornton,  Duncan  G.  McCormick, 

Eobert  Mitchell. 

27 


418  CONTENTION  JOURNAL.  [Sessioft 

SAMPSON   COUNTY. 

Calton  Cessoms,  Amos  W.  Hall,  Clifton  Ward,  Robert 
Cain,  ¥m,  Cessoms,  Robertson  "Ward. 

CARTERET   COUNTY. 

Malvin  J.  Davis,  John  C.  Manson,  W.  J.  Doughty. 

DUPLIN   COUNTY. 

fm.  E.  Hill,  Thos,  K.  Murphy. 

CURRITUCK   COUNTY. 

M.  Y.  B.  Gilbert,  W.  D.  Chaddrick,  M.  D.  Lindsay, 

ALEXANDER    COUNTY. 

Robert  Carson,  Daniel  Moore,  R.  O.  Bennett,  Geo.  W, 
Long,  W.  W.  Stafford,  James  J.  Teague,  Wm.  S.  Teagne, 
Tbos.  J.  Dula,  Andrew  C.  Watts,  Elisha  Bebber,  F.  B.  Reeee, 
Gabriel  Marshall,  F.  A.  Campbell,  Wm.  M.  Bogle,  J.  W, 
Carson. 

MECKLENBURG    COUNTY. 

H.  N.  Pritchard,  Rufus  Barringer,  Wm.  R.  Myers,  Jere- 
miah S.  Reed,  Wm.  M.  Martin,  Robt.  McEwen,  Alexander 
Mclver. 

CAMDEN   COUNTY. 

Isaac  Morriset,  John  M.  Forbes,  Geo.  W.  Spencer,  James 
W.  Chamblain,  A.  P.  Cherry. 

EDGECOMBE     COUNTY. 

Wm  S.  Battle,  Joseph  Cobb,  Reddin  S.  Petway,    R.  W. 


1868.]  CONTENTION  JOURNAL.  419 

Proctor,  Wm.  H.  Knight,  Jesse  Mercer,  Exum  L.  Moore, 
Thomas  Norfleet,  Llewellyn  Harrold,  Wm,  H.  Johnson,  John 
I.  Killebrew,  John  Norfleet,  R.  H.  Austin,  Robert  Norfleet, 
Wm.  W.  Parker,  Henry  E.  Odom,  John  W.  Johnson,  Micajah 
P.  Edwards,  Lawrence  Bunting. 

ALLEGHANY   COUNTY. 

Win,  A.  Brooks,  Morgan  Bryan,  A.  Marion  Smith,  Reuben 
Sparks,  Hugh  Hanks,  John  Parsons,  L.  M.  Blackburn,  "Wm. 
Andrews,  John  A.  Jones,  Nathan  Weaver,  Soloman  Stamper, 
Goldman  Higgins,  Alexander  Black. 

ASHE    COUNTY. 

John  Williams.  '""" 

HYDE   COUNTY, 

Sylvester  McGowan,  W.  B.  Tooley,  James  G.  Carrowan, 
Joseph  P.  Flowers,  Geo.  Y.  Credle. 

IREDELL    COUNTY. 

Thomas  Holcomb,  E.  B.  Stimpson. 

WAYNE   COUNTY. 

Curtis  H.  Brogden. 

STOKES    COUNTY. 

John  J.  Shaffer,  James  Harris,  A.  H.  Joice,  J.  B.  Young, 
Acmilla  Moore,  Ambrose  Jessup,  Ira  E.  Gentry,  J.  J.  Martin, 
Wm.  N.  Shelton,  Eaton  B.  Terrill,  J.  R.  Jewell,  W.  B. 
Yaughan,  Wm.  M.  Gordon. 

PERQUIMANS    COUNTY. 

Nathan  B.  Cox,  Jonathan  W.  Albertson,  Robt.  J.  White. 


420  CONVENTION  JOURNAL.  [Session 


YADKIN    COUNTY. 


Moses  Gross.  Moses  Chapp'el,  McCaus.  Casteveens,  S.  Speere, 
E.  C.  Brown,  David  Hutching,  Aquilla  Speere,  J.  S.  Jones, 
Winston  Fleming,  Win.  H.  Rodwell,  T.  L.  Tulbert,  John  D. 
Holcoinb,  R.  M.  Pearson,  Jesse  Lackey,  Thomas  Hanes, 
Jonathan  Wagoner,  George  Long,  George  Nix,  Thomas  F. 
Martin,  Wm.  W.  Patterson,  Sam'l  C.  Wech,  Geo.  D.  Wil- 
liams, Barnett  C.  Myers,  II.  Thomason,  J.  N.  Vestal,  Jesse 
Rivers,  Sexton  Jones,  Jas.  H.  Myers. 


HARNETT    COUNTY. 


James  S.  Harrington,  John  F.  Shaw,  Neal  McLeod,  Roht. 
A.  Norden,  James  Hodge,  John  Harrington,  James  M. 
Turner,  A.  J.  Tuddington. 


NORTHAMPTON    COUNTY. 


Wm.  Barrow,  Jno.  B.  Odom,  Noah  R.  Odom,  Jesse  Flythe, 
James  W.  Grant,  Samuel  Calvert,  Samuel  J.  Calvert,  David 
A.  Barnes,  George  Holloman,  Jesse  W.  Narsom. 


MADISON    COUNTY. 


F.  M.  Lawson,  Jas.   Crowder,  J.  S.  Dever,  D.  E.  Freeman, 
James  Ramsay,  L.  G.  Brigman. 


WARREN    COUNTY. 


Wm.  A.  White,  John  W.  Patillo,  John  H.  Bullock,  John 
C.  McCraw,  James  T.  Russell,  Nathaniel  R.  Jones,  Win.  W. 


White,  James  T.  Allston. 


UNION   COUNTY. 


D.  A.  Covington,  Miles  A.  Lemons,  Wm.  M.  Austin,  Jack- 
son  Green,   Arthur   Stigall,   James  McNeily,   Thomas    W„ 


1868.]  CONTENTION  JOURNAL.  421 

Griffin,  Robert   Bivens,   Richard  Tarlton,  Benj.  F.  Eincher, 
Asa  Brumblow. 

NASH    COUNTY. 

Geo.  W.  Lewis,  W.  W.  Boddie,  Absalom  B.  Baines,  Benj. 
H.  Sorsby. 

ROWAN   COUNTY* 

Joseph  A.  Hawkins,  Nathaniel  Boyden,  Win.  P.  At  well, 
Levi  Trexler,  Geo.  W.  Bernhard,  Peter  Williamson. 

WASHINGTON    COUNTY. 

James  A.  Melson,  Eli  Spruill,  Thomas  Benbridge,  W.  W. 
Ward. 

ROCKINGHAM   COUNTY. 

Thomas  Settle,  Thos.  A.  Ragland. 

BURKE     COUNTY. 

Tod  P.  Caldwell,  James  H.  Hall,  Joseph  Deaton,  Asby 
Mull,  Jeremiah  Smith,  Wm.  Bailey,  James  Hildebran,  Jas. 
R.  Kincaid. 

GASTON    COUNTY. 

D.  A.  Jenkins. 

MONTGOMERY    COUNTY. 

John  K.  Loftin,  James  Batten,  James  W.  Ressas,  David 
Wright,  John  C.  Nichols,  James  B.  Ballard. 

CHOWAN   COUNTY. 

Charles  E.  Robinson, 


422  CONVENTION  JOURNAL.  [Session 

PASQUOTANK    COUNTY. 

John  Pool,  Geo.  D.  Pool,  Frank  Yaughn,  F.  M.  Godfrey, 

C.  W.  Grandy,  Jr.,  W.  G.  Pool,  Geo.  W.   Charles,  C.  W. 
Hollowell. 

BUNCOMBE    COUNTY. 

James  Reid,  P.  J.  Isrial,  Levi  Penland,  Joseph  P.  Ellar, 
Amasa  Roberts. 

MOOKE   COUNTY. 

Thomas  W.  Ritter,  Samuel  W.  Sea  well,  Wm.  J.  King,  D. 
W.  McDonald,  A.  R.  McDonald,  John  S.  Ritter,  John  P. 
Cole,  Benjamin  Spivey,  John  K.  McLeon,  Wm.  B.  Richard- 
son, Absalom  Kelly,  John  McNeal,  R.  W.  Barret,  A.  H. 
McNeil,  M.  J.  Blue,  Jordan  Slaar. 

RICHMOND    COUNTY. 

Oliver  H.  Doekery,  John  A.  Long,  Geo.  McKinon,  E.  T. 
Long. 

HAYWOOD    COUNTY. 

A.  J.  Murray,  J.  W.  Harbin,  Isaac  Clarke,  J.  M.  Patton, 

D.  B.  Ford,  W.  S.  Evans,  Henry  Franklin,  R.  E.  Medford, 
Samuel  Fitzgerald,  R.  L.  Owens. 

JACKSON   COUNTY. 

E.  D.  Brindle,  Wilson  Ensby,  L.  C.  Hooper,  J.  J.  Hooper, 
Mordecai  Zackny,  A.  Cope. 

DAVIE   COUNTY. 

Uriah  H.  Phelps,  John  R.  Williams,  Wm.  B.  March. 


1868.]  CONTENTION"  JOURNAL.  423 


GEEENE   COUNTY. 


John  Haiwey,  Rich'd  J.  Williams,  John  J.  Orman,  D.  A. 
Spivey,  ¥m.  P.  Grirnsley,  Joseph  H  Dixon,  ¥m.  T.  Dixon. 

MCDOWELL    COUNTY. 

James  H.  Duncan,  CL  S.  Copeland,  John  Elliott,  James  A. 

HcCJall,  John  O'Brian,  Thomas  Ledbetter,  Elijah  Morgan, 

John  T.  Gregory,  Chas.  H.  Webb. 
f 

V  %  CABAEEUS   COUNTY. 

¥ietor  C.  Barringer. 

OHEEOKEE   COUNTY. 

¥m:  McGuyre,  T.  R.  McCombs,  Phelix  T.  Axley,  Chris- 
topher Gentry,  Geo.  W.  Furguson,  B.  K.  Dickey,  George  W. 
HalL 

BEETLE   COUNTY. 

Jonathan  Taylor,  Frederick  Miller,  Geo.  N.  Green,  Lewis 
C.  Bo&d. 

<JEANYILLE  COUNTY. 

Robt  Garner,  S.  G.  Wilson,  Eugene  Gr:ssom,  E.  D.  Lyons. 

MAETIN   COUNTY. 

John  Watts,  Wm.  G.  Eborn,  John  S.  Short,  F.  P.  Baze- 
more,  John  L.  Knight. 

POLK   COUNTY. 

Martin  Hambleton,  R.  S.  Abrams,  Neslid  Dinsdale,  J.  Wi 
Hampton,  James  Jackson.. 


424  CONTENTION  JOURNAL.  [Sessioi* 

EUTHEEFOED  COUNTY. 

G.  W.  Logan,.  Martin  Walker,  Rufus  Williams,  Willis 
Bradly,  Israel  P.  Sorrell,  W„  G.  Mode,  J.  E.  McFarland,  Ed- 
ward  Hawkins,  A.  A.  Scoggins,  R.  J.  McCraw,  Smith  Mc- 
Curry,  Eli  Whisnant,  C.  J.  Sparks,  L.  L.  Dick,  A.  Hollow- 
field,  H.  H.  Hopper,  J.  W.  Morgan,  J.  W.  Mode,  B.  W. 
Andrews,  James  H.  Carpenter,  Moses  Wilkson,.  James  Mc- 
Farland, W.  B.  Freeman,  John  A.  Carpenter,  Thomas  Long, 
W.  G.  Wilson,  B.  W.  Barber,  R.  T.  Carpenter,  Joseph  Green,. 
W.  O.  Wallace.,  A.  C.  Martin,  J.  W.  Gibson,  Jerre   Jackson. 

0 

LENOIE    COUNTY. 

Walter  Dunn,  Anthony  Davis,  James  L.  C'anaday,  Joshua 
Rouse,  John  A.  Parrot,  James  M.  Parrot. 

ROBESON  COUNTY. 

James  Sinclair,  Benjamin  A.  HowelL 

CEAYEN  COUNTY. 

Edward  R.  Stanley,  Charles  R.  Thomas,  Fredrick  J.  Jones., 

JOHNSON   COUNTY. 

Thomas  D.  Sneed,  Robert  Messengale,  P.  P.  Massey,  ¥m. 
A.  Smith,  B.  R.  Hinnent,  James  H.  Enniss,  Willie  Holt, 
Franklin  Phillips,  Joh  R.  Coats,  W.  D.  Holt,  Samuel  Wood- 
ie,  Thomas  Egclerton,  Ray  Phillips,  Bryan  Williams,  J.  P.. 
Peck,  J.  T.  Leach.. 

EANDOLPII    COUNTY.  ' 

John  Pope,  Henry  Pressnel,  Wm.  McGee,  James  Latham^ 
Alson  G.  Jennings,.  B.  A.  Sollars,  J.  R.  Bulla,  Altred  Julian^ 
James  T„  Fox,  Elijah  Whitney. 


J  868.]  CONVENTION  JOURNAL.  425 


BRUNSWICK    COUNTY. 


Robert  Woodside,  L.  D.  Thurston,  D.  K..  Bennett,  Lewis 
Galloway,  D.  L.  Russell,  Lorenzo  Frink,  P.  Privlian. 


CHATHAM   COUNTY. 


R.  M.  Brown,  Hezekiah  Henderson,  W.  C.  B.  Council,  J. 
Howze,  Win.  Griffin,  H.  LI.  Burke,  ¥m.  Laney,  Joseph 
Brazington,  R.  C.  Cotton,  Elias  Bryan,  James  H.  Ileadon. 


SUEEY   COUNTY. 


Drury  McGee,  John  Nichols,  Thomas  Martin,  C.  H.  Kepp, 
Joel  Hurt,  Win.  Hodges,  Geo.  A.  Jarvis,  James  Yen  able, 
J.  S.  Pedigre,  Isaac  Armiield,  Gideon  Bryant,  A.  II.  Knapp,, 
John  C.  Thompson,  T.  J.  Williams,  C.  C.  McMichle,  Martin 
Payne,  B.  F.  Scott,  Martin  Axum,  James  Nations,  John 
McCloucl,  Jeremiah  Gay. 


MACON   COUNTY. 

D.  W.  Siler,  C.  T.  Rodgers,  R.  M.  Henry,  A.  L.  Parton,, 
W.  H„  Higdan,  A.  Yaughn. 

ORANGE   COUNTY. 

II.  B.  Guthrie. 

The  following  reports  of  Committees-  were  received  and 
adopted  i 

We  the  undersigned,  Committee  on  Contingent  Expenses,, 
having  examined  the  within  account  for  wood,  of  three  hun- 
dred and  fifteen  ($315)  dollars,  recommend  its  payment  (after 
deducting,  as  agreed  upon,  one  dollar  per  cord,  leaving  the 
above  balance. 

We  further  report  that  on  February  21st,  1868,  a  resolu- 
tion was  passed  by  the  Convention  directing  the  officers  to» 
call  upon  Secretary  of  State  for  wood,  &c 


426  CONVENTION  JOUENAL.  [Session 

The  above  account  is  up  to  March  6th,  1868.  As  it  ap- 
pears that  the  wood  was  furnished  we  have  recommended  its 
payment ;  all  of  which  is  submitted. 

E.  W,  KING,  Chairman. 

The  Select  Committee,  to  whom  was  referred  the  matter  of 
alledged  corrupting  influences  having  been  used  to  secure  the 
passage  of  certain  ordinances  which  have  been  passed  by 
this  Convention,  ask  leave  to  report  that  they  have  had  the 
same  under  consideration,  and  that  so  far  as  their  investiga- 
tion has  extended  they  have  not  discovered  any  evidence  of 
such  corruption. 

P.  DUEHAM,  Chairman. 

Mr.  Mann  introduced  a  resolution  thanking  Congress  for 
the  impeachment  of  the  President. 

The  rules  were  suspended. 

Mr.  Durham  moved  to  amend  section  1st  by  adding  after 
the  word  "promptly,"  the  words  "  and  unconstitutionally." 

The  amendment  was  lost. 

Mr.  Eodman  introduced  the  following  resolution,  which 
was,  after  a  suspension  of  the  rules,  adopted. 

Resolved,  That  a  Committee  of  eight  be  appointed  to  take 
into  consideration  the  subject  of  Eelief  of  Debtors,  with  in- 
structions to  report  some  plan  of  relief  on  Friday  (tomorrow) 
at  %  o'cloek,  P.  M. 

Mr.  Durham  offered  the  following  as  as  an  amendment  to 
the  resolution  on  impeachment  offered  by  Mr.  Mann. 

Resolved,  That  this  is  a  compliment  to  the  tyranny  and 
despotism  which  is  being  inaugurated  to  subvert  the  Consti- 
tution of  the  United  States,  and  to  destroy  the  liberties  of  the 
American  people. 

The  yeas  and  nays  were  demanded. 

The  call  was  not  sustained. 

The  amendment  was  lost. 

The  resolutions  offered  by  Mr.  Mann   were   adopted. 

The  following  is  the  preamble  and  resolutions  as  offered  by 
Mr.  Mann  and  passed; 


1868.]  CONVENTION  JOURNAL.  427 

"Whereas,  the  people  of  North-Carolina,  through  their  rep- 
resentatives in  Convention  assembled,  have  viewed  with  not, 
less  indignation  than  apprehension,  the  efforts  on  the  part  of 
the  Executive  branch  of  this  government  to  throttle,  circum- 
scribe and  over  rule  its  co-ordinate  and  Legislative  branch  of 
the  same  :  and  whereas,  in  the  opinion  of  this  Convention, 
success  in  such  efforts  would  lead  to  an  agrarianism  alike 
dangerous  to  the  liberties  of  the  people,  and  subversive  of 
that  good  feeling  and  correct  principle  of  Republicanism, 
which  should  be  viewed  not  only  with  extreme  jealousy  and 
horror,  but  be  marked  by  the  unqualified  condemnation  of 
all  lovers  of  good  order  and  stable  government :  be  it  there- 
fore 

Resolved,  That  the  thanks  of  this  Convention  are  due,  and 
are  hereby  tendered  to  these  noble  representatives  who  have 
so  promptly  stepped  forth  in  their  power  of  impeachment,  to 
check  and  correct  the  evil  threatened  by  the  acts  of  an  usur- 
pative  Executive. 

Be  it  further  resolved,  That  a  copy  of  these  resolutions, 
duly  engrossed,  be  transmitted  to  the  Honorable,  the  Presi- 
dent of  the  Senate,  and  the  Speaker  of  the  House  of  Represen- 
tatives of  the  people  of  the  United  States. 

Be  it  further  resolved,  That  this  Convention  tender  to 
Brevet  Major  General  E.  R.  S.  Canby  and  the  officers  of  his 
command,  its  thanks  for  the  bold,  fearless,  unprejudiced  and 
manly  manner  in  which  they,  each  and  all,  have  discharged 
the  onerous  and  delicate  duties  devolving  upon  them  under 
the  Reconstruction  Acts  of  Congress. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  March  12th,  1868. 

The  Convention  was  called  to  order  at  1\  o'clock  by  the 
President. 

The  roll  was  called,  ninety-two  members  answering  to  their 
names: 

Messrs.  Andrews,  Ashley,  Aydlott,  Baker,  Barnes,  Benbow, 


428  CONTENTION  JOURNAL.  [Session 

Blume,  Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry, 
Chillson,  Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Dowd, 
Duckworth,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  Frank- 
lin, French  of  Bladen,  Fullings,  Galloway,  George,  Graham 
of  Montgomery,  Grant  of  Wayne,  Grant  of  Northampton, 
Gully,  Gunter,  Hall,  Hare,  Harris  ot  Wake,  Hay,  Hayes  of 
Halifax,  Highsmith,  Hobbs,  ITollowell,  Holt,  Hood,  Hyman, 
Ing,  Jones  of  Caldwell,  Jones,  of  Washington,  King  of  Le- 
noir, Kinney,  Lafiin,Lee,  Legg,  Lennon,  Logan,  Long,  Mann, 
Mayo,  Marshall,  McCubbins,  Merritt,  Moore,  Morton,  Mul- 
lican,  Murphy,  Nance,  Nicholson,  Patrick,  Parker,  Parks, 
Petree,  Peterson,  Ragland,  Ray,  Read,  Renfrow,  Rhodes, 
Rich,  Robbins,  Rodman,  Rose,  Sanderlin,  Smith,  Stilly, 
Teague,  Trogden,  Tucker,  Turner,  Watts  and  Welker — 92. 

The  President  announced  the  following  Committee  of  eight 
on  Relief,  to  report  an  ordinance  Friday  evening: 

Messrs.  Rodman,  Pool,  Jones  of  Caldwell,  Rich,  Fullings, 
Bradley,  Watts  and  McCubbins. 

The  following  report  of  the  Committee  on  Miscellaneous 
Provisions,  was  taken  up  and  passed  its  first  reading  : 

REPORT    OF    THE    STANDING    COMMITTEE    ON 
MISCELLANEOUS  PROVISIONS. 

ARTICLE. 

Section  1.  All  statute  laws  of  this  State  now  in  force,  al- 
though regarded  as  provisional  only,  not  inconsistent  with 
this  Constitution,  shall  continue  in  force  until  they  shall  ex- 
pire by  their  own  limitation,  or  be  amended  or  repealed  by 
the  General  Assembly  ;  and  all  writs,  prosecutions,  actions 
and  causes  of  action,  except  as  herein  otherwise  provided, 
shall  continue ;  and  all  indictments  which  shall  have  been 
found,  or  may  hereafter  be  found  for  any  crime  or  offence 
committed  before  this  Constitution  takes  effect,  may  be  pro- 
ceded  upon  as  if  no  change  had  taken  place,  except  as  herein- 
after specified. 

Sec.  2.  No  person  shall  be  prosecuted  in  any  civil  action  or 


1868.]  CONVENTION  JOURNAL.  429 

criminal  proceeding  for  or  on  account  of  any  act  by  him  clone, 
performed  or  executed,  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  sixty-one,  by  virtue  of  military 
authority,  vested  in  him  by  the  government  of  the  United 
States  to  do  such  act,  or  in  pursuance  of  orders  received  by 
him  from  any  person  vested  with  such  authority,  and  if 
any  action  or  proceeding  shall  have  heretofore  been,  or  shall 
hereafted  be  instituted  against  any  person  fur  the  doing  of 
any  such  act,  the  defendant  may  plead  this  section  in  bar 
thereof. 

Sec.  3.  No  person  vrho  shall  hereafter  fight  a  duel,  or  assist 
in  the  same  as  a  second,  or  send,  accept,  or  knowingly  carry 
a  challenge  therefor,  or  agree  to  go  out  of  this  State  to  fight  a 
duel,  shall  hold  any  office  in  this  State. 

Sec.  4.  No  money  shall  be  drawn  from  the  Treasury  but  in 
consequsnce  of  the  appropriations  made  by  law  ;  and  an  accu- 
rate account  of  the  receipts  and  expenditures  of  the  public 
money  shall  be  annually  published. 

Sec.  5.  The  General  Assembly  shall  provide  by  proper  leg- 
islation for  giving  to  mechanics  and  laborers  an  adequate  lien 
on  the  subject  matter  of  their  labor. 

Sec.  6.  In  the  absence  of  any  contrary  provision,  all  officers 
in  this  State  heretofore  elected  or  appointed,  shall  only  hold 
their  positions  until  other  appointments  are  made  by  the 
Governor,  or  until  their  successors  have  been  chosen  and  duly 
qualified  according  to  the  several  provisions  of  this  Constitu- 
tion. 

Sec.  7.  The  General  Assembly  shall  have  power  to  repeal 
or  modify  all  ordinances  adopted  by  any  previous  Convention 
or  Conventions. 

Sec  8.  The  seat  of  government  in  this  State  shall  remain 
at  the  City  of  Raleigh. 

Sec.  9.  The  General  Assembly  shall  provide  by  law  for  the 
indictment  and  trial  or  persons  charged  with  the  Commission 
of  any  felony  in  any  County  other  than  that  in  which  the 
offence  was  committed,  whenever,  owing  to  prejudice,  or  any 
other  cause,  an  impartial  grand  or  petit  jury  cannot  be  im- 
panneled  in  the  County  in  which  such  offence  was  committed, 

BYRON  LAFLIN,  Chairman. 


430  CONTENTION  JOURNAL.  [Session 

On  second  reading, 

Mr.  Laflin,  Chairman  of  the  Committee,  amended  section 
1st,  by  striking  out  all  down  to  the  word,  "  all,"  in  line 
seventh. 

Mr.  Tourgee  amended  by  adding  to  the  section :  "  Pro- 
vided, That  a  new  trial  may  be  granted,  in  the  discretion  of 
the  Court,  in  cases  where  a  party  considers  himself  agrieved." 

The  section,  as  amended,  was  adopted. 

Section  2d  was  read. 

Mr.  Tourgee  moved  to  strike  out  in  lines  fifth  and  sixth, 
the  following  words  :  "  vested  in  him  by  the  government  of 
the  United  States  to  do  such  act,"  and  insert,  "  of  the  United 
States."  Also,  insert  the  word  "  the,"  in  line  fifth,  between 
the  words  "  of"  and  "  military." 

The  amendment  was  put  to  the  House  and  lost, 

Mr.  Durham  moved  to  amend  by  striking  out  all  after  the 
word  "  authority,"  in  line  fifth,  down  to  "  or,"  in  line  sixth. 

The  yeas  and  nays  were  demanded. 

The  amendment  was  lost  by  the  following  vote : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Andrews,  Baker,  Bradley,  Daniel,  Dowd,  Duck- 
worth, Durham,  Ellis,  Etheridge,  Hare,  Holt,  Jones  of  Cald- 
well, Legg,  Lennon,  McCubbins,  Merritt,  Patrick,  Parker, 
Read,  Rich,  Rodman,  Sanderlin  and  Stilly — 23. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Blume,  Bryan,  Carey, 
Carter,  Candler,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey, 
Eppes,  Eisher,  Forkner,  Franklin,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan, 
George,  Graham  of  Montgomery,  Grant  of  Wayne,  Gunter, 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  Hofner,  Hood,  Ing,  Jones  of  Washington, 
King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin,  Logan, 
Long,  Mann,  Mayo,  Marshall,  Morton,  Murphy,  Nance,  Parks, 
Petree,  Peterson,  Ray,  Renfrow,  Rhodes,  Robbins,  Rose, 
Smith,  Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts 
and  Williamson — 64. 


1868.]  CONVENTION  JOURNAL,  431 

Mr.  French,  of  Bladen,  offered  the  following  amendment, 
which,  on  motion,  was  adopted. 

Add  to  the  section  : 

"  Provided,  That  all  the  benefits  of  this  section  shall  be 
extended  to  all  persons  who  were  obliged  to  leave  their  homes 
to  escape  conscription." 

The  question  recurred  on  the  section  as  amended. 

The  yeas  and  nays  were  demanded. 

The  call  prevailed. 

The  section  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Blume,  Cox,  Franklin,  French  of  Rockingham, 
French  of  Chowan,  Hayes  of  Halifax,  Hood,  Jones  of  Wash- 
ington, Marshall,  Parks,  Petree,  Ray,  Trogden,  Turner  and 
Welker— -15. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Bradley,  Bryan, 
Carey,  Carter,  Candler,  Chillson,  Colgrove,  Congleton,  Daniel,, 
Dickey,  Dowd,  Duckworth,  Durham,  Ellis,  Etheridge,  Fisher,. 
Forkner,  Gahagan,  Graham  of  Montgomery,  Grant  of  Wayne, 
Gunter,  Hare,  Harris  of  Franklin,  Hay,  Heaton,  Highsmith, 
Hobbs,  Holt,  Jone3  of  Caldwell,  King  of  Lincoln,  King  of 
Lenoir,  Kinney,  Laflin,  Lee,  Legg,  Lennon,  Logan,  Long7 
Mann,  Mayo,  McCubbins,  Merritt,  Moore,  Morton,  Nance, 
Patrick,  Parker,  Read,  Renfrow,  Rhodes,  Rich,  Robbins, 
Rodman,  Rose,  Sanderlin,  Smith,  Stilly,  Taylor,  Teague, 
Watts  and  Williamson — 66. 

Section  3d  was  read. 

Mr  Durham  moved  to  amend  by  striking  out  "  no,"  in  line 
first,  strike  out  all  after  the  word  "  duel,"  in  fourth  line,  and 
insert,  "  shall  be  punished  in  such  manner  as  the  Legislature 
may  by  law  provide." 

The  amendment  was  lost. 

The  section,  as  read,  was  adopted. 

Sections  4th,  5th  and  6th  were  read  and  adopted. 

Sections  8th  and  9th  were  read  and  adopted. 

Mr.  Tourgee  offered  the  following  as  a  new  section  : 

"  No  amnesty  act  passed  by  any  Convention  or  Legislature 


432  CONVENTION  JOURNAL.  [Session 

since  May,  1865,  shall  be  of  airy  binding  force  or  validity 
after  the  adoption  of  this  Constitution,  except  'an  act  to  grant 
amnesty  and  pardon  to  females,'  ratified  March  1st  1867." 

Mr.  Tourgee  withdrew  his  amendment, 

Mr.  Laflin  offered  the  following  as  a  new  section  : 

"  That  no  person  shall  hold  more  than  one  lucrative  office 
at  any  one  time  ;  Provided,  no  appointment  in  the  Militia 
•or  the  office  of  Justice  of  the  Peace  shall  be  considered  a 
lucrative  office." 

The  section  was  adopted. 

Mr  Pool  moved  a  reconsideration  of  the  vote. 

Mr.  Jones  moved  to  lay  the  motion  on  the  table. 

The  yeas  and  nays  were  called. 

The  motion  was  lost,  yeas  39,  nays  48, 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Aydlott,  Baker,  Barnes,  Blume,  Carey,  Candler, 
Dickey,  Dowd,  Durham,  Ellis,  Etheridge,  Gahagan,  George, 
Graham  of  Montgomery,  Gunter,  Hare,  Hayes  of  Robeson, 
Hobbs,  Holt,  Jones  of  Washington,  Laflin,  Lennon,  Long, 
Marshall,  McCubbins,  Merritt,  Morton,  Mullican,  Murphy, 
Nance,  Patrick,  Parks,  Petree,  Rhodes,  Sanderlin,  Stilly, 
Teague,  Turner  and  Welker — 39. 

Those  who  voted  in  the  negative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Bryan,  Chillson,  Col- 
grove,  Congleton,  Eppes,  Fisher,  Forkner,  Franklin,  French 
of  Bladen  French  of  Rockingham,  French  of  Chowan,  Ful- 
lings,  Grant  of  Wayne,  Hall,  Harris  of  Wake,  Harris  of 
Franklin,  Hay,  Heaton,  Highsmith,  HofHer,  Hollowell,  Hood, 
Ing,  Jones  of  Caldwell,  King  of  Lincoln,  King  of  Lenoir, 
Kinney,  Legg,  Logan,  Mann,  Mayo,  Nicholson,  Parker,  Pool, 
Ray,  Renfrew,  Rich,  Rodman,  Rose,  Smith,  Taylor,  Tourgee, 
Tucker,  AVatts  and  Williamson- — 48. 

The  motion  to  reconsider  prevailed. 

On  motion  of  Mr.  Tourgee,  the  section  was  recommitted 
to  the  Committee  on  Miscellaneous  Provisions,  with  instruc- 
tions to  report  the  section  back  more  carefully  worded. 

Mr.  Heaton,  Chairman  of  the   Committee  of  Seventeen, 


186S.3  CGNVEKTIOtf  JOURNAL.  «433 

"reported  an  ordinance,   entitled    "  An  ordinance  providing 
for  the  restoration  of  the  Public  Credit." 

After  suspension  of  the  rules  was  made  a  Special  Order  for 
Friday  11  o'clock,  A.  M. 

Also,  on  an  ordinance  entitled  "An  ordinance  to  incor- 
porate the  Charlotte  City  Hall  Association." 

Mr.  Abbott  introduced  a  petition  of  Mrs.  Amelia  E.  Slater, 
Salisbury.     Referred  to  the  Committee  of  Seventeen. 

Mr.  Tourgee  introduced  the  following  resolution  : 

jResolved,  That  a  Committee  of  Three  be  appointed  imme- 
diately, whose  duty  it  shall  be  to  draft  an  address  to  the 
people  of  North-Carolina,  explanatory  of  the  Constitution 
adopted  by  this  Convention,  which,  if  approved  by  the  Con- 
vention, shall  be  appended  to  the  Constitution  and  published 
therewith. 

The  rules  were  suspended  and  the  resolution  adopted. 

The  Committee  on  Enrollment  and  Engrossment  respect- 
fully report  that  they  have  carefully  compared  the  enrolled 
ordinances  on  Education,  Penal  Institutions,  Suffrage  and 
Eligibility  to  Office,  and  the  Judicial  Department,  with  the 
original  bills,  and  certify  the  same  to  be  correct. 

a  a  POOL,  Chairman, 

Mr.  Parker  introduced  a  resolution  relating  to  the  hours  of 
meeting  of  the  Convention. 

On  motion,  the  ordinance  on  authenticity,  introduced  by 
Mr.  Rodman,  was  made  a  Special  Order  for  Friday,  at  12 
o'clock. 

The  report  of  the  Committee  on  Miscellaneous  Provisions 
passed  its  2d  reading  by  the  following  vote  : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Blume,  Brad- 
ley, Bryan,  Carey,  Candler,  Colgrove,  Congleton,  Dickey, 
Eppes,  Fisher,  Forkner,  Franklin,  French  of  Rockingham, 
French  of  Chowan,  Fullings,  Gahagan,  George,  Grant  of 
Wayne,  Gunter,  Hall,  Harris  of  Wake,  Hay,  Hayes  of  Robe- 
son, Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hood 
Hyman,  Ing,  Jones  of  Caldwell,  Jones  of  Washington,  King 
28 


434  CONVENTION  JOUKNAL.  [Session 

of  Lenoir,  Kinney,  Lanin,  Logan,  Mann,  Mayo,  Marshall, 
Mullican,  Murphy,  Nicholson,  Parker,  Petree,  Pool,  Ray, 
Renfrow,  Rhodes,  Rich,  Rodman,  Smith,  Teague,  Tourgee, 
Tucker,  Turner,  Watts,  Welker  and  Williamson — €2. 

Those  who  voted  in  the  negative,  are  : 

Messsrs.  Baker,  Dowd,  Durham,  Ethericlge,  Hare,  Holt, 
Merritt  and  Sanderlin — 8. 

On  motion,  it  was  ordered  that  the  report  of  the  Commit- 
tee on  Miscellaneous  Provisions,  be  engrossed  and  made  a 
Special  Order  for  Friday,  at  1  o'clock. 

On  motion,  the  house  then  adjourned- 


FRIDAY,  March  13th,  1868. 

The  Convention  was  called  to  order  at  10    o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Logan. 

The  Roll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Benbow,  Blume,   Bradley,   Bryan,   Carey,    Carter,  Candler, 
Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey,  Duck- 
orth,  Durham,    Ellis,    Eppes,    Etheridge,    Fisher,    Forkner, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chowan, 
Fallings,  Gahagan,  Galloway,   George,    Glover,    Graham   of 
Montgomery,  Grant  of  Wayne,   Gully,   Gunter,  Hall,   Hare, 
Harris  of  Wake,  Llarris  of  Franklin,  Hay,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  Hol- 
lowell,  Holt,  Hood,  Hyman,    Jones   of    Caldwell,   Jones    of 
Washington,  King  of  Lincoln,  King  of  Lenoir,  Kinney,  Laflin, 
Lee,  Legg,  Lennon,  Logan,  May,   Mayo,  Marshall,   Merritt, 
McDonald  of  Chatham,  McDonald  ot  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Patrick,  Par- 
ker, Parks,  Petree,  Peterson,  Pierson,  Ragland,  Ray,  Read. 
Renfrow,  Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Sanderlin, 
Smith,  Stilly,  Stilwell,    Taylor,  Teague,    Tourgee,  Trogden, 
Tucker,    Turner,    Watts,    Welker,    Williams   of  Wake  and 
Williamson. 


1868.]  CONVENTION  JOURNAL.  435 

Mr.  Abbott  presented  a  memorial  from  the  citizens  of  the 
Counties  of  Rowan,  Mecklenburg,  Iredell  and  Cabarrus,  ask 
ing  the  formation  of  a  new  County. 

Referred  to  the  Committee  of  Seventeen. 

Mr.  Hood  presented  an  ordinance  for  a  Boat  Charter  in 
favor  of  R.  M.  Orrell  and  others. 

Referred  to  the  Committee  of  Seventeen. 

On  motion  of  Mr.  Heaton  the  Preamble  and  Bill  of  Rights, 
presented  to  the  Convention  by  the  Committee,  was  ordered 
enrolled. 

Mr.  Candler  called  up  his  Ordinance  repealing  the  grant- 
ing of  a  general  amnesty  and  pardon,  etc. 

Mr.  Forkner  moved  to  strike  out  the  words  "  and  declared 
null  and  void." 

The  amendment  was  adopted  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Barnes, 
Benbow,  Blume,  Bradley,  Carter,  Colgrove,  Congleton,  Cox, 
Daniel,  Dickey,  Dowd,  Duckworth,  Durham,  Ellis,  Eppes, 
Etheridge,  Forkner,  French  of  Bladen,  French  of  Rocking- 
ham, Gahagan,  Galloway,  George,  Glover,  Graham  of  Mont- 
gomery, Graham  of  Orange,  Grant  of  Wayne,  Grant  of 
Northamton,  Gully,  Gunter,  Hall,  Ha,re,  Harris  of  Wake, 
Harris  of  Franklin,  Hay,  Hayes  of  Halifax,  Heaton,  High- 
smith,  Hobbs,  Hodnett,  Hollowell,  Holt,  Hyman,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lincoln,  King  of 
Lenoir,  Lafiin,  Legg,  Lennon,  Mayo,  McCubbins,  Merritt, 
McDonald  of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Nance,  Patrick,  Parker,  Parks,  Pierson,  Pool, 
Ragland,  Read,  Rich,  Robbins,  Rodman,  Sanderlin,  Smith, 
Stilwell,  Trogden,  Turner,  Watts,  Welker,  and  Williamson 
—81. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Bryan,  Candler,  French  of  Chowan,  Fullings,  Hood, 
Kinney,  Logan,  Marshall,  Murphy,  Newsom,  Petree,  Ray, 
Rhodes,  Rose,  Teague,  Tourgee — 16. 

The  ordinance  as  follows  was  adopted  : 


436  CONTENTION  JOtJRNAL.  [Session 

AN  ORDINANCE  IN  RELATION  TO  THE  PARDON 
OF  OFFICEKS  AND  SOLDIERS  OF  THE  LATE  CON- 
FEDERATE SERVICE. 

Section  1.  Be  It  ordained  by  the  people  of  North- Carolina, 
hy  delegates  in  Convention  assembled,  and  it  is  hereby  ordained 
by  the  authority  of  the  same,  That  an  act  of  tlie  General 
Assembly,  ratified  December  the  22d,  1866,  granting  a  gen- 
eral amnesty  and  pardon  to  all  officers  and  soldiers  of  the 
State  of  North-Carolina,  of  the  late  Confederate  States  armies, 
or  of  the  United  States,  or  any  person  or  class  of  persons  to 
■which  said  general  amnesty  was  intended  to  apply,  be  and 
the  same  is  hereby  repealed,  except  so  much  of  it  as  applies 
to  females. 

The  ordinance  was  adopted  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow,  Blume, 
Bryan,  Carey,  Carter,  Candler,  Chilson,  Colgrove,  Congleton, 
Dickey,  Duckworth,  Eppes,  Forkner,  French  of  Bladen. 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan,  Galloway,  George,  Glover,  Graham  of  Montgomery, 
Gully,  Gunter,  Harris  of  "Wake,  Harris  of  Franklin,  Flay, 
Hayes  of  Halifax,  Heaton,  Highsmith,  Hobbs,  Hofrler,  Hol- 
lowell.  Hood,  Jones  of  Washington,  King  of  Lincoln,  King 
of  Lenoir,  Kinney,  Lafiin,  Lee,  Logan,  Mann,  May,  Mayo, 
Marshall,  McDonald  of  Moore,  Moore,  Morton,  Mullican. 
Murphy,  Newsom,  Parks,  Pierson,  Pool,  Ragland,  Ray,  Ren- 
frew, Rhodes,  Robbins,  Rose,  Smith,  Stilwell,  Sweet,  Taylor. 
Teague,  Tourgee,  Trogden,  Tucker,  Watts  and  Williamson 
—-73. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Baker,  Bradley,  Daniel,  Dowd,  Durham,  Ellis. 
Etheridge,  Graham  of  Orange,  Hare,  Hodnett,  Holt,  Jones 
of  Caldwell,  Lennon,  McCnbbins,  Merritt,  McDonald  of  Chat- 
ham, Nance,  Patrick,  Parker,  Read,  Rich,  Sanderlin,  Turner, 
and  Welker — 24. 

On  motion,  the  report  of  the  Committee  of  Seventeen  on 
an  ordinance  entitled  an  "ordinance  providing  for  the   resto- 


1868.]  CONVENTION  JOURNAL.  437 

ration  of  the  Public  Credit,"  was  ordered  printed  and  made 
a  special  order  for  Saturday  at  10£  oclock. 

Leave  of  absence  was  granted  to  Mr.  Ellis. 

On  motion  the  following  ordinance  of  Mr.  Rodman  was 
adopted  : 

AN  ORDINANCE  IN  RELATION  TO  THE  PRINTING 

OF  THE  CONSTITUTION,  ORDINANCES  AND  RES- 
OLUTIONS. 

Section.  1.  Be  it  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  That  every  ordinance  and  resolu- 
tion of  this  Convention,  when  the  same  shall  have  been  en- 
rolled, shall  be  authenticated  by  the  signatures  of  the  Presi- 
dent and  of  the  Principal  Secretary  of  this  Convention,  and 
the  date  of  its  final  passenge  shall  be  affixed  thereto;  and 
such  ordinances  and  resolutions  shall  go  into  effect  from  such 
date,  unless  some  other  be  prescribed  or  unless  such  ordinance 
or  resolution  shall  be  required  to  be  submitted  to  the  people 
for  ratification. 

Sec.  2.  Be  it  further  ordained,  That  all  such  enrolled 
ordinances  and  resolutions,  and  also  the  Journals  of  the  Con- 
vention, and  all  the  papers  belonging  to  the  Convention,  im- 
immediately  upon  the  adjournment  thereof  shall  be  deposited 
by  the  President  and  Secretary  of  the  Convention  in  the 
office  of  the  Secretary  of  State  for  the  State  of  North- Carolina. 

Sec.  3.  Be  it  farther  ordained;  That  four  thousand  copies 
of  the  Constitution,  Ordinances  and  Resolutions  of  this  Con- 
vention, and  three  hundred  copies  of  the  Journals,  shall  be 
printed  as  soon  as  possible  after  the  adjournment  of  the  Con- 
vention, under  the  supervision  of  the  Principal  Secretary  of 
the  Convention,  and  that  ten  copies  of  the  Ordinances  and 
Resolutions  and  one  copy  of  the  Journals  shall  be  given  to 
each  member  of  this  Convention,  and  two  bound  copies  of  the 
Ordinances  and  Resolutions  to  each  Clerk  of  the  Superior 
Court,  one  copy  to  each  Judge  of  the  Supreme  Court  and  to 
each  Justice  of  the  Peace  and  County  Commissioner  elected 
under  the  provisions  of  this  Constitution,  and  the  residue  to 


438  CONTENTION  JOURNAL.  [Session 

the  Secretary  of  State  of  North-Carolina  for  the  use  of  the 
State. 

Sec.  3.  Be  it  further  ordained,  That  as  soon  as  possible 
after  the  adjournment  of  this  Convention  there  shall  be  printed 
under  the  same  supervision  ten  thousand  copies  of  the  Con- 
stitution adopted,  and  of  all  Ordinances  for  the  purpose  of 
carrying  the  same  into  effect,  or  which  shall  be  required  to  be 
submitted  to  the  people  for  ratification  at  the  same  time,  and 
that  the  same  be  distributed  as  rapidly  as  possible  among 
them  by  the  said  Principal  Secretary. 

Sec.  4.  Be  it  further  ordained,  That  the  Constitution  shall 

also  be  published  in  the  following  named  newspapers  of  this 

State  once  a  week  for  three  weeks:  Newbern  Republican; 

Wilmington  Post;  Raleigh  /Standa?'d,'Ra\eigk,'N.  C;  Union 

Republican,  Charlotte;  Pioneer,  Asheville. 

Sec.  5.  Be  it  further  ordained,  That  the  Secretary  shall 
receive  for  his  services  under  this  ordinance  six  dollars  per 
day  while  engaged. 

Sec  6.  Be  it  further  ordained,  That  the  printed  copies  of 
the  Constitution,  and  of  all  the  Ordinances  and  Resolutions 
of  the  Convention  printed  by  authority  of  the  Convention,  or 
which  shall  be  hereafter  printed  by  authority  of  the  General 
Assembly  of  North-Carolina,  shall  be  admitted  as  evidence  in 
all  courts  ot  this  State. 

The  motion  of  Mr.  French,  of  Chowan,  to  reconsider  the 
vote  on  section  26th  of  the  Bill  on  the  Judicial  Department 
was  withdrawn. 

Mr.  French  then  moved  that  the  Committee  on  Revision 
be  instructed  to  amend  the  26th  section  of  the  Article  on  Ju- 
diciary, so  that  the  Superior  Court  Judges  be  divided  into 
two  classes  instead  of  four,  holding  office  for  four  and  eight 
years. 

The  motion  prevailed. 

Mr.  ITeaton  called  up  the  ordinance  in  relation  to  Code 
Commissioners,  which  was  read. 

Mr.  Dowd  moved  to  strike  out  "  A.  W.  Tourgee,"  from 
the  names  of  Code  Commissioners  and  insert  "  S.  F.  Phil- 
lips, of  Orange  County." 


1868.]  CONVENTION  JOURNAL.  439 

The  motion  was  lost. 

The  ordinance  was  adopted  by  the  following  vote,  yeas  60, 
nays  22. 
i  Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Bryan,  Carey, 
Carter,  Candler,  Colgrove,  Congleton,  Cox,  Dickey,  Duck- 
worth, Eppes,  Eisher,  French  of  Bladen,  French  of  Chowan, 
Fallings,  Gahagan,  Galloway,  Glover,  Graham  of  Montgome- 
ry, Grant  of  Wayne,  Gully,  Gunter,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Hood,  Hyman, 
Jones  of  Washington,  Kinney,  Lafiin,  Lee,  Logan,  May,  Mayo, 
Marshall,  McDonald  of  Moore,  Moore,  Murphy,  Nance,  Pat- 
rick, Parker,  Parks,  Pierson,  Ragland,  Renfrow,  Rhodes, 
Rich,  Rob-bins,  Rose,  Smith,  Stilly,  Stilwell,  Taylor,  Williams 
of  Wake,  and  Williamson — 60.. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Baker,  Bradley,  Cherry,  Daniel,  Dowel,  Durham, 
Ellis,  Etheridge,  George,  Graham  of  Orange,  Hare,  Hodnett, 
Hofner,  Holt,  Jones  of  Caldwell,  King  of  Lincoln,  Lennon, 
McCubbins,  Merritt,  McDonald  of  Chatham,  Mullican,  and 
Sanderlin — 22. 

The  following  is  the  ordinance  as  adopted ,: 

AN  ORDINANCE  APPOINTING  COMMISSIONERS 
TO  PREPARE  A  CODE  OF  PRACTICE  AND 
PROCEDURE  IN  THE  DIFFERENT  COURTS  OF 
THE  STATE. 

Section  1."  Be  it  ordained  by  thejoeojjle  of  Worth- Carolina 
in  Convention  assembled,  and  It  is  hereby  ordained  as  fol- 
lows :  That  Victor  CL  Barringer,  A.  W.  Tourgee  and  Wni. 
B.  Rodman  are  hereby  appointed  Commissioners,  whose 
duty  it  shall  be  to  prepare  a  Code  of  Practice  and  Procedure 
in  the  different  Courts  of  the  State,  and  to  reduce  into  a 
written  and  systematic  Code  the  whole  body  of  law  of  the 
State,  or  such  parts  thereof  as  shall  seem  to  them  practicable 
and  expedient,  and  consistent  with  the  provisions  of  the  Con- 
stitution, 


MO  CONTENTION  JOUKKAL.  [Session 

Sec.  2.  Be  It  further  ordained,  That  the  Commissioners 
shall  divide  the  Code  of  Practice  and  Procedure  into  two 
parts,  the  one  as  a  Code  of  Criminal  Procedure,  with  the  re- 
quisite forms,  the  other  a  Code  of  Civil  Procedure,  with  forms 
thereof. 

Sec.  3.  Be  it  further  ordained,  That  the  first  division  of 
the  Code  of  Law  must  embrace  the  laws  respecting  the  gov- 
ernment of  the  State,  its  civil  polity,  the  functions  of  its 
public  officers  and  duties  of  its  citizens.  The  second  must 
embrace  the  laws  of  personal  rights  and  relations  of  property 
and  obligations.  The  third  shall  define  crimes  and  prescribe 
their  punishments. 

Sec  4.  Be  it  further-  ordained,.  That  the  Commissioners 
shall  hold  their  offices  for  three  years ;  but  the  General  As- 
sembly may  continue  their  term  if  it  shall  be  deemed  neces- 
sary. 

Sec  5,  Be  it  further  ordained,  That  the  Commissioners 
shall  report  to  the  General  Assembly  at  its  first  session  after 
the  adoption  of  this  Constitution  a  general  analysis  of  the 
Code  projected  by  them  and  the  progress  made  by  them 
therein,  and  shall  continue  to  report  at  each  succeeding 
session  of  the  General  Assembly  the  progress  made  to  that 
time. 

Sec  6.  Be  it  further  ordained,  That  whenever  the  Com- 
missioners shall  have  prepared  the  Code,  or  any  portion  of 
the  same,  they  shall  contract  with  the  printer  of  the  State 
for  printing  of  the  same,  and  cause  the  same  to  be  distributed 
among  the  Justices  of  the  Supreme  Court,,  Judges  of  the  Su- 
perior Courts,  and  other  competent  persons,  tor  examination,, 
after  which  the  Commissioners  shall  re-examine  their  work 
and  consider  such  suggestions  as  may  have  been  made  to 
them.  They  shall  then  cause  the  Code  as  finally  aigreed  upon 
by  them  to  be  re-printed  under  the  contract  as  aforesaid  and 
distributed  to  all  the  Justices  of  the  Supreme  Court,  the 
Judges  of  the  Superior  Courts  and  Clerks  of  the  Superior 
Courts  thirty  days  before  being  presented  to  the  General  As- 
sembly ;  and  the  Penal  Code  in  like  manner  to  be  distributed 
to  the  Solicitors  of  the  State. 


1868.]  CONVENTION"  JOURNAL,  441 

Sec.  7.  Be  it  further  ordained.  That  the  Commissioners, 
shall  from  time  to  time  specify  such  amendments,  alterations- 
and  revision  of  the  law  as  to  them  may  seem  necessary  to> 
carry  into  effect  the  provisions  of  the  Constitution,  and  report 
the  same  to  the  General  Assembly. 

Sec  8.  Re  it  further  ordained,  That  each  of  said  Com- 
missioners shall  receive  a  salary  of  two  hundred  dollars  per 
month,  while  actually  engaged  in  the  performance  of  his  du- 
ties as  such.  A  suitable  room  in  the  capital  shall  be  assigned 
to  said  Commissioners  as  an  office,  and  the  necessary  printing 
and  stationery  allowed  the  same. 

Sec.  9.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification. 

Mr.  King,  of  Lincoln,  moved  that  the  Committee  on  Revi- 
sion be  instructed  to  revise  section  8th  of  the  report  of  the 
Committee  on  plan  of  organization  of  the  Judicial  Depart- 
ment, by  striking  out  "  four  associate  justices  "  and  inserting 
u  two." 

Mr.  May  moved  to  lay  the  motion  on  the  table. 

The  yeas  and  nays  were  demanded. 

The  call  was  sustained. 

The  motion  was  carried  by  the  following  vote,  yeas  50,. 
nays  39. 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Bryan,  Carey,  Carter^, 
Cherry,  Coigrove,  Daniel,  Dickey,  Eppes,  Fisher,  French  of 
Bladen,  French  of  Chowan,  Fallings,  Gahagan,  .Galloway, 
Graham  of  Montgomery,  Grant  of  Wayne,  Harris  of  Frank- 
lin, Hayes  of  Halifax,  Heaton,  Hobbs,  Hood,  Hyman,  Jones 
of  Caldwell,  Jones  of  Washington,  Kinney,  Laflin,  Lee,  Legg,, 
May,  Mayo,  Marshall,  Moore,  Murphy,  Nance,  Parks,  Pier- 
son,  Pool,.  Ragland,  Ray,  Renfrow,  Robbins,  Rodman,  Smith,. 
Tourgee,  W atts,  Welker  and  Williamson — 50. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Aydlott,  Baker,  Barnes,  Bradley,  Candler,  Congle- 
ton,  Cowles,  Cox,  Dowd,  Duckworth,  Durham,  Ellis,  Ethe- 
ridge,  George,  Graham  of  Orange,  Gunter,  Hare,  Hay,  Hod- 
aett,  Homer,  Hollo  well,  Holt,  King  of  Lincoln,  King  of  La- 


442  CONVENTION  JOURNAL.  [Session 

noir,  Lennon,  Mann,  McCubbins,  McDonald  of  Chatham, 
McDonald  of  Moore,  Parker,  Petree,  Peterson,  Read,  Rhodes, 
Pose,  Sanderlin,  Teague,  Turner  and  Williams  of  Wake — 39. 

The  report  of  the  Committee  on  Miscellaneous  Provisions 
was  taken  up  and  placed  on  its  3d  and  linal  reading  and  pas 
sage. 

Sections  1st,  2d,  3d,  4th,  5th,  6th,  and  7th  were  read  and 
adopted. 

The  Committee  reported  the  following  as  a  new  section 
which  was  adopted: 

No  person  shall  hold  more  than  one  lucrative  office  under 
the  State  at  the  same  time  :  Provided,  That  officers  in  the 
Militia,  Justices  of  the  Peace,  Commissioners  of  Public  Char- 
ities and  Commissioners  appointed  for  special  purposes,  shall 
not  be  considered  officers  within  the  meaning  of  this  section. 

The  section  was,  on  motion,  adopted. 

The  report  ot  the  Committee  on  Miscellaneous  Provisions 
passed  its  3rd  and  final  reading  by  the  following  vote,  yeas 
75,  nays  6. 

Those  who  voted  in  the  affirmative,  are; 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Barnes,  Bryan, 
Carey,  Carter,  Candler,  Colgrove,  Congleton,  Cowles,  Cox, 
Dickey,  Duckworth,  Eppes,  French  of  Bladen,  French  of 
Chowan,  Gahagan,  George,  Graham  of  Montgomery,  Grant 
of  Wayne,  Grant  of  Northampton,  Gunter,  Flail,  Harris  of 
Franklin,  Flay,  Hayes  of.Halifax,  Heaton,Highsmith,  Hobbs, 
Hoffler,  Hollowell,  Flood,  Hyman,  Jones  of  Caldwell,  Jones 
of  Washington,  King  of  Lincoln,  Kinney,  Laflin,  Lee,  Legg, 
May,  Mayo,  Marshall,  McDonald  of  Chatham,  McDonald  ol 
Moore,  Mnllican,  Murphy,  Nance,  Newsom,  Nicholson,  Par- 
ker, Parks,  Petree,  Pierson,  Pool,  Pay,  Read,  Renfrew. 
Rhodes,  Rich,  Robbins,  Rodman,  Rose,  Smith,  Stilwell, 
Teague,  Tourgee,  Tucker,  Turner,  Watts,  Welker,  Williams 
of  Wake,    and  Williamson — 75. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Dowd,  Durham,  Ellis,  Etheridge,  Graham  of 
Orange,  Hare,  McCubbins,  Merritt,  and  Sanderlin — 9. 

On  motion  of  Mr.  Jones,  the  report  of  the  Committee  to 


1868.]       .     CONTENTION  JOURNAL.  443 

whom  was  referred  the  divorce  case  of  Overton,  was  taken 
up  and  adopted  by  the  following  vote : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Andrews,  Baker,  Blume,  Carey,  Carter, 
Colgrove,  Congleton,  Daniel,  Eppes,  Etheridge,  Eisher,  French 
of  Bladen,  French  of  Chowan,  Graham  of  Montgomery, 
Gully,  Gunter,  Hail,  Hare,  Harris  of  Franklin,  Hayes  of 
Halifax,  Highsmith,  Hobbs,  Hoffler,  Hood,  Hyman,  Jones  of 
Washington,  Kinney,  Lee,  Mann,  Mayo,  Marshall,  McDonald 
of  Chatham,  Moore,  Murphy,  Parks,  Petree,  Ragland  Ray, 
Read,  Pobbins,  Rodman,  Rose,  Sanderlin,  Stilwell,  Tucker 
and  Watts — 48. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Aydlott,  Barnes,  Bradley,  Bryan,  Candler,  Cowles, 
Duckworth,  Durham,  Forkner,  French  of  Rockingham,  Ga- 
hagan,  George,  Graham  of  Orange,  Hay,  Hodnett,  Holt, 
Jones  of  Caldwell,  King  of  Lincoln,  Lennon,  McCubbins, 
Merritt,  McDonald  of  Moore,  Nance,  Peterson,  Rhodes,  Rich, 
Teague,  Welker  and  Williams  of  Wake — 29. 

The  following  is  the  report  of  the  Judicial  Committee  on 
the  Overton  case: 

The  Committee  to  whom  was  referred  the  petition  of  James 
Overton,  praying  for  a  divorce  from  his  wife,  having  consid- 
ered the  same,  are  of  opinion  that  his  request  should  be 
granted,  and  they  report  herewith  an  ordinance  to  that  effect. 

Be  it  ordained  by  the  people  of  North- Carolina,  in  Conven- 
tion assembled,  That  James  Overton,  and  Charlotte,  his  wife, 
are  hereby  divorced  from  the  bonds  of  matrimony. 

Mr.  Moore  moved  to  reconsider  the  vote,  which  motion 
was  laid  on  the  table. 

On  motion  the  report  of  the  Committee  to  whom  was 
referred  the  petition  of  divorce  of  Mrs.  Hopkins,  was  taken 
up  and  adopted. 

The  Committee  on  the  Judicial  Department,  to  whom  was 
referred  the  petition  of  Martha  A.  Hopkins,  wife  of  William 
T.  Hopkins,  to  be  divorced  from  her  husband,  respectfully 
report   the  following  ordinance  and  recommend  its  passage. 

WM.  B.  RODMAN,  Chairman. 


444  CONVENTION  JOURNAL.  [Session 

Be  it  ordained  by  the  people  of  North- Carolina,  in  Con- 
vention assembled,  That  the  bonds  of  matrimony  between 
William  T.  Hopkins,  and  Martha  A.,  his  wife,  now  of  Gran- 
ville Comity,  are  hereby  dissolved,  and  either  party  are  at 
liberty  to  marry  again. 

A  motion  to  reconsider  the  vote  by  which  this  report  was 
adopted,  was,  on  motion,  laid  on  the  table. 

On  motion,  the  following  ordinance,  reported  by  the  Judi- 
cial Department,  was  taken  up  and  adopted  : 

Be  it  ordained  by  the  people  of  North- Carolina  in  Con- 
vention assembled,  That  DeWitt  C.  Wilson,  and  Nancy  Wil- 
son, his  wife,  of  Davie  County,  be,  and  they  are  hereby 
divorced  from  the  bonds  of  matrimony. 

A  motion  to  reconsider  this  vote,  was,  on  motion,  laid  on 
the  table. 

The  following  ordinance,  as  reported  by  the  Judicial  Com- 
mittee, was,  on  motion,  adopted  : 

Be  it  ordained  by  the  peopjle  of  North- Carolina,  in  Con- 
vention assembled,  That  Lavinia  Lee,  of  Guilford  County,  be, 
and  she  is  hereby  divorced  from  the  bonds  o±  matrimony 
with  her  husband,  Wesley  Lee. 

A  motion  to  reconsider  the  vote  by  which  this  ordinance 
was  adopted,  was,  on  motion,  laid  on  the  table. 

The  following  ordinance  was,  on  motion,  adopted  : 

Be  it  ordained  by  the  people  of  North- Carolina,  in  Con- 
vention assembled,  That  Eliza  C.  Wagner,  of  Alamance 
County,  be,  and  she  is  hereby  divorced  from  the  bonds  of 
matrimonv  with  her  husband,  Herman  Warner. 

A  motion  to  reconsider  the  above  vote,  was,  on  motion,  laid 
on  the  table. 

The  following  ordinance  was,  on  motion,  adopted  : 

Be  it  ordained  by  the  people  of  North-Carolina,  in  Con- 
vention assembled,  That  Josephine,  wife  of  Jas.  M.  Emanuel, 
of  Orange  County,  be,  and  hereby  is,  divorced  from  the 
bonds  of  matrimony  with  her  husband. 

A  motion  to  reconsider  the  vote  on  the  above  was,  on 
motion,  laid  on  the  table. 

On  motion,  the  following  ordinance  was  adopted  : 


1868.]  CONVENTION  JOURNAL.  445 

AN    ORDINANCE    TO    DIVORCE   WINNEY    GEIB- 
BLES  AND  JAMES  GEIBBLES. 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina, 
in  Convention  assembled,  That  the  nuptial  tie  between 
Winney  Gribbles  and  James  Gribbles  be,  and  the  same  is 
hereby  dissolved,  and  that  the  said  Winney  Gribbles  be 
divorced  from  the  bonds  of  matrimony  contracted  with  the 
said  James  Gribbles,  and  that  the  said  Winney  Gribbles  be 
from  henceforth,  to  all  intents  and  purposes,  a  feme  sole. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
take  effect  from  its  ratification. 

It  was  moved  to  reconsider  the  vote. 

The  motion  was  laid  on  the  table 

The  following  ordinance  reported  by  the  Special  Commit- 
tee on  Divorce,  was,  on  motion,  adopted: 

AN  ORDINANCE  FOR  THE  DIVORCE  OF  ESTHER 
V.  TODD  AND  BENJAMIN  W.  TODD. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina, 
in  Convention  assembled,  That  Esther  V.  Todd,  formerly 
Esther  V.  Walton,  and  now7  the  wife  of  Benjamin  W.  Todd, 
be,  and  she  is  hereby  divorced  from  the  bonds  of  matrimony 
with  her  said  husband,  and  that  she  shall  be  at  liberty  to 
resume  her  maiden  name ;  and  this  ordinance  shall  take  effect 
from  and  after  its  passage. 

A  motion  to  reconsider  the  vote  by  which  this  ordinance 
was  passed,  was,  on  motion,  laid  on  the  table. 

The  following  ordinance,  was,  on  motion,  adopted; 

AN  ORDINANCE  TO  DIVORCE  ADELIA  E.  SLATER 
AND  JAMES  A.  SLATER. 

Section  1.  Be  it  oixlained  by  the  people  of 'North- Carolina ■, 
in  Convention  assembled,  That  Adelia  E.  Slater,  of  Rowan 
County,  be,  and  she  is  hereby  divorced  from  the  bonds  of 
matrimony  with  her  husband,   James   A.  Slater,  and  that 


446  CONVENTION  JOURNAL.  [Session 

she  shall  be  at  liberty  to  assume   her   maiden  name,  said 
Adelia  to  have  charge  of  her  children. 

A  motion  to  reconsider  the  vote  on  the  above  ordinance 
was, 

On  motion,  laid  on  the  table. 

The  following  protest  was,  by  permission,  entered  on  the 
Journal : 

Being  of  the  opinion  that  all  cases  of  divorce  properly  be- 
longs to  the  Courts,  we  dissent  from  granting  the  same  oth- 
erwise. 

J.  Q.  A.  BEY  AN, 
CALVIN  J.  COWLES. 

The  following  ordinance  to  incorporate  the  Charlotte  City 
Hall  Association,  as  reported  by  the  Committee  of  seventeen, 
was, 

On  motion,  adopted : 

AN  ORDINANCE  TO  INCOEPOEATE   THE    CHAR 
LOTTE  CITY  HALL  ASSOCIATION. 

Section.  1.  Beit  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  That  John  L.  Morehead,  Eobert  M. 
Oates,  Jonas  Eudicil,  Samuel  Taylor,  Thomas  W.  Dewey, 
Charles  W.  Alexander,  W.  I.  Sater,  and  their  associates,  suc- 
cessors and  assigns,  be  and  they  are  hereby  incorporated  a 
body  in  law  and  fact,  by  the  name  and  style  of  the  Charlotte 
City  Hall  Association,  for  the  purpose  of  erecting  buildings 
and  other  improvements  in  the  City  of  Charlotte,  and  shall 
possess  and  enjoy  all  rights  and  privileges  in  immunities  of  a 
corporation,  a  body  politic  in  law  necessary  to  carry  on  said 
business. 

Si^c.  2.  Be  it  further  ordained,  That  the  said  Company 
may  employ  such  an  amount  of  capital  not  exceeding  one 
hundred  thousand  dollars  as  may  be  deemed  necessary  to 
carry  on  the  business  aforesaid,  which  may  be  divided  into 
shares  of  one  hundred  dollars  or  such  other  amounts  as  the 
stockholders  in  general  meeting  may  determine,  for  obtaining 


1868.]  CONVENTION  JOURNAL.  44T 

which  books  of  subscription  may  be  opened  by  the  corpora- 
tion aforesaid,  and  the  sum  paid  in  in  such  manner  and  such 
time  as  the  Board  of  Directors  may  require  ;  and  if  any  sub- 
scriber shall  fail  to  pay  any  instalment  at  the  time  required, 
lie  shall  pay  interest  thereon  at  the  rate  of  ten  per  cent,  per 
annum,  and  his  stock  may  be  forfeited  and  sold  by  the  Direc- 
tors, and  the  proceeds  applied  to  the  payment  of  the  aforesaid 
deficient  instalment.  Certificates  of  stock  may  be  issued,  and 
the  same  made  transferable  and  assignable  as  the  by-laws  of 
the  Company  may  prescribe. 

Sec.  3.  Be  it  further  ordained,  That  the   affairs   of  said 
Company  shall  be  managed  by  a   Board   of  five   Directors, 
chosen  from  among  the  stockholders,  who  shall  elect  one  of 
their  number  to  be  the  President  of  the  Company.     Three  of 
the  Board  shall  be  a  quorum  to  transact  business,  one  of  whom 
shall  be  the  President. 

Sec.  4.  Be  it  further  ordained,  That  the  said  Company 
shall  have  power  to  make  by  laws  not  inconsistent  with  the 
laws  of  the  United  States  and  this  State,  appointing  all  neces- 
sary officers  and  employees,  fixing  salaries,  taking  bonds,  fill- 
ing vacancies  and  making  regulations  for  the  transaction  of 
any  matters  necessary  for  the  successful  carrying  on  of  the 
business  of  the  Company. 

Sec.  5.  Be  it  further  ordained,  That  as  soon  after  the  rat- 
ification of  this  act  as  they  may  think  proper,  said  corporation, 
or  a  majority  of  them,  may  call  a  general  meeting  of  the  sub- 
scribers to  the  stock  of  said  Company,  for  the  purpose  of  adop- 
ting by-laws  for,  and  electing  Directors  of,  said  Company, 
which  Directors  shall  continue  in  office  until  their  successors 
shall  be  elected  by  a  succeeding  meeting. 

Sec  6.  Be  it  further  ordained,  That  the  said  corporation 
shall  have  full  power  and  authority  to  purchase  and  hold  lots 
and  parcels  of  land  in  said  city  or  its  vicinity,  and  erect  there- 
on buildings  and  other  improvements,  and  to  sell,  rent,  lease 
or  dispose  of  the  same  as  may  be  ordered  by  the  stockholders 
of  said  Company. 

Sec.  7.  Be  it  further  ordained,  That  the  said  corporation , 
for  the  purpose  of  carrying  on  their  purchases  of  lots  or  lands. 


448  CONVENTION  JOURNAL.  [Seasiov. 

3md  of  erecting  buildings  and  other  improvements,  may  issue 
bonds  on  the  faith  and  credit  of  said  corporation  in  such 
amounts,  at  such  times  and  at  such  rates,  as  they  may  deem 
right  and  proper,  and  shall  have  power  to  make  mortgages  01 
deeds  of  trust  to  secure  said  bonds. 

Sec.  8.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification,  and  continue  for 
fifty  years, 

Mr.  Andrews  introduced  a  petition  of  divorce  of  Mrs, 
Palmer.  # 

Referred  to  the  Committee  on  the  Judicial  Department. 

Mr.  Pool,  Chairman  of  the  Engrossing  Committee,  reported. 

Report  lies  over. 

The  following  ordinance  was, 

On  motion,  adopted : 

AN  ORDINANCE    TO    INCORPORATE    THE    HAL- 
CYON STEAM  BOAT  COMPANY. 

Section  1.  Be  it  ordained  oy  the  people  of  North- C-irolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  .Robert  M.  Orreil,  James  A. 
Orreil  and  John  R.  Daily,  and  such  others  as  they  may  here- 
inafter associate  with  them,  their  successors  and  assigns,  shall 
b.e  and  are  hereby  created,  constituted  and  declared  a  body 
corporate  and  politic  by  the  name  of  "  The  Halcyon  Steam 
Boat  Company,"  and  by  that  name  shall  be  in  law  capable  of 
sueing  and  being  sued,  pleading  and  being  impleaded,  shall 
have  a  common  seal  and  be  invested  with  all  the  rights  and 
privileges  and  be  subject  to  all  the  regulations  and  restrictions 
contained  in  the  26th  chapter  of  the  Revised  Code,  so  far  as? 
the  same  are  applicable  to  such  a  corporation,  that  are  not  in- 
consistent with  the  provisions  of  this  act. 

Sec.  2.  Be  it  further  or  darned,  That  the  capital  stock  of 
said  Company  shall  consist  of  fifteen  thousand  dollars,  with 
the  privilege  of  increasing  the  same  to  twenty  thousand  dol- 
lars, divided  into  shares  of  one  thousand  dollars  each. 

Sec  3.  Be  it  further  ordained,  That   said  Company  may 


186&3  CONVENTION  JOURNAL.  449 

build  another  steamer  or  barge  or  flats  if  required  for  the  in- 
terest of  the  Company. 

SeC:  4.  Be  it  further  ordained,  That  said  Company  shall 
have  power  to  hold,  possess,  acquire  and  enjoy  such  real 
estate  as  may  be  necessary  for  the  transaction  of  its  business, 
and  from  time  to  time  make  all  necessary  rules,  regulations 
-and  by-laws  for  the  government  and  direction  of  the  concerns 
thereof,  not  inconsistent  with  the  Constitution  and  laws  of  the 
State  of  North-Carolina  and  of  the  United  States,  and  said 
Company  to  have  corporate  existence  for  twenty  years,  unless 
surrendered  to  the  Legislature  at  an  earlier  date  by  a  majority 
of  the  stock. 

Sec.  5.  Be  it  further  ordai'ied,  That  this  ordinance  shall 
•be  in  force  from  and  after  its  ratification. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  Maech  13th,  1868. 

The  Convention  was  called  to  order  at  7^-  o'clock,  by  the 
President. 

The  Roll  was  called,  and  the  following  members  answered 
to  their  names*. 

Messrs.  Andrews,  Ashley,  Aydlott,  Barnes,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Chillson,  Colgrove,  Congleton, 
Cox,  Duckworth,  Ellis,  Eppes,  Etheridge,  Fisher,  Forkner, 
Franklin,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Fullings,  Gahagan,  George,  Grant  of  Wayne, 
Grant  of  Northampton,  Gunter,  Hare,  Harris  of  Wake,  Har- 
ris of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Hobbs,  Homer,  Hollo  well,  Holt,  Hood,  Hyman,  Jones  of 
Caldwell,  Jones  of  Washington,  King  of  Lincoln,  King  of 
Lenoir,  Kinney,  Laflin,  Lee,  Legg,  Lennon,  Mann,  Mayo, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham,  Moore, 
Morton,  Nance,  Newsoin,  Nicholson,  Parker,  Parks,  Petree, 
Peterson,  Pool,  Ragland,  Ray,  Read,  Renfrow,  Rich,  Robbins, 
Rodman,  Rose,  Sanderlin,  Stilwell,  Taylor,  Teague,  Tourgee, 
Trogdeh,  Tucker,  Turner,  Watts  and  Welker—  85. 
29 


450  CONVENTION  JOURNAL.  [Session 

The  Committee  on  Relief  reported. 

Mr.  French,  of  Bladen,  moved  to  postpone  the  report  inde- 
finitely. 

The  yeas  and  nays  were  demanded. 

The  motion  was  lost  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Barnes,  Congleton,  Eppes,  French  of  Bladen,  Grant 
of  Wayne,  Hood,  Jones  of  Washington,  King  of  Lincoln,. 
King  of  Lenoir,  Kinney,  Lee,  Petree,  Bay,  Renfrew,  Bobbins, 
Teague  and  Trogden — 17. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Baker,  Ben- 
bow,  Blume,  Bradley,  Bryan,  Carey,  Carter,  Cherry,  Chillson^ 
Oolgrove,  Daniel,  Dickey,  Dowd,  Duckworth,  Durham,  Ellis, 
Etheridge,  Fisher,  Forkner,  Franklin,  French  of  Chowan, 
Fullings,  Gahagan,  Galloway,  George,  Glover,  Graham  of 
Orange,  Grant  of  Northampton,  Gully,  Gunter,  Hare,  Harris 
of  Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes 
of  Halifax,  Heaton,  Hobbs,  Homer,  Hollowell,  Holt,  Hyman, 
Jones  of  Caldwell,  Laflin,  Legg,  Lennon,  Logan,  May,  Mayo, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham,  Moore, 
Morton,  Nance,  Newsom,  Patrick,  Parker,  Parks,  Pool,  Rag- 
land,  Read,  Rhodes,  Rich,  Rodman,  Rose,  Sanderlin,  Stilwell, 
Taylor,  Tourgee,  Tucker,  Turner,  Watts,  Welker  and  Wil- 
liamson— 80. 

Mr.  Graham,  of  Orange,  offered  a  substitute  for  the  ordi- 
nance of  the  Committee  on  Relief. 

A  motion  to  print  and  postpone  the  whole  matter  until 
Saturday  at  1  o'clock,  P.  M.,  was  not  sustained. 

On  the  substitute  of  Mr.  Graham,  the  yeas  and  nays  were 
demanded. 

The  substitute  prevailed  by  the  following  vote  : 

Those  who  voted  in  the  affirmative,  are  : 

Messrs.  Abbott,  Baker,  Barnes,  Bradley,  Bryan,  Carey, 
Carter,  Cherry,  Chillson,  Daniel,  Dickey,  Duckworth,  Dur- 
ham, Ellis,  Eppes,  Etheridge,  Fisher,  Forkner,  French  of 
Rockingham,  Gahagan,  Galloway,  George,  Glover,  Graham 
of  Orange,  Gully,  Hare,  Harris  of  Franklin,  Hay,  Hayes  of 


1868.]  CONVENTION  JOURNAL.  451 

Robeson,  Hayes  of  Halifax,  Heaton,  Hobbs,  Hoffler,  Hollo- 
well,  Holt,  Hyman,  Jones  of  Caldwell,  Jones  of  Washington, 
Laflin,  Lee,  Legg,  Lennon,  May,  Merritt,  Morton,  Nance, 
Newsom,  Parks,  Ragland,  Read,  Rodman,  Sanderlin,  Smith, 
Stilwell,  Taylor,  Teague,  Turner,  "Watts  and  Williamson — 59. 

Those  who  voted  in  the  negative  are : 

Messrs.  Ashley,  Benbow,  Blume,  Colgrove,  Congleton, 
Franklin,  Fullings,  Gunter,  King  of  Lincoln,  King  of  Lenoir, 
Kinney,  McCubbins,  McDonald  of  Chatham,  Moore,  Patrick, 
Pool,  Renfrow,  Rich,  Robbins,  Rose,  Stilly,  Tourgee,  Trog- 
den  and  Welker — 24. 

On  motion  the  substitute  of  Mr.  Graham,  of  Orange,  and 
the  report  of  the  Committee  on  Relief  were  ordered  to  be 
printed  and  made  a  Special  Order  for  Saturday. 

Leave  of  absence  was  granted  Messrs.  Watts,  Aydlott, 
King  of  Lenoir  and  Peterson. 

An  ordinance  in  relation  to  the  intimidation  of  voters  was 
introduced  by  the  Committee  on  that  subject. 

Mr.  Rich  moved  that  the  President  of  this  Convention  sign 
certificates  of  pay  for  members  up  to  Tuesday  next. 

The  motion  was  not  sustained. 

The  ordinance  on  intimidation  of  voters  was  taken  up. 

Mr.  Ellis  offered  as  a  substitute  sections  22d  and  23d,  chap- 
ter 52d,  of  the  General  Assembly,  entitled  "  an  act  concerning 
the  General  Assembly  of  the  State  of  North-Carolina." 

The  substitute  was  not  sustained. 

Mr.  French,  of  Chowan,  moved  to  add  to  section  1st,  the 
following  words  :  "  And  one-half  of  the  fine  shall  go  to  the 
prosecutor." 

The  amendment  was  accepted. 

Mr.  French,  of  Bladen,  offered  a  substitute,  which  was  lost. 

The  ordinance,  as  amended,  was  adopted  by  the  following- 
vote  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Ashley,  Blume,  Bryan,  Carey,  Carter, 
Cherry,  Chillson,  Colgrove,  Congleton,  Dickey,  Eppes,  Fisher, 
Forkner,  French  of  Bladen,  French  of  Rockingham,  French 
of  Chowan,  Fullings,  Gahagan,  George,  Glover,  Gunter,  Har- 


452  CONTENTION  JOURNAL.  [Session 

ris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax, 
Ilobbs,  flyman,  Jones  of  Washington,  King  of  Lenoir,  Kin- 
ney,  Lafiin,  May,  Mayo,  Marshall,  McDonald  of  Chatham. 
Morton,  Nance,  Newsom,  Patrick,  Parks,  Petree,  Pool,  Ray. 
Renfrow,  Rodman,  Rose,  Smith,  Stilwell,  Teague,  Tourgee. 
Tucker,  Turner,  Watts,  Welker  and  Williamson — 56. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Baker,  Bradley,  Dowd,  Durham,  Ellis,  Etheridge. 
Graham  of  Orange,  Hare,  Holt,  Jones  of  Caldwell,  Lennon, 
MeCubbins,  Merritt  and  Sanderlin — 14. 

The  following  is  the  ordinance  as  adopted : 

AN  ORDINANCE  TO    PREVENT    THE   INTIMIDA- 
TION OF  VOTERS. 

Section  1.  Be  it  ordained  by  the  people  of  Worth- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  as  follows : 
Any  person  who  shall  prevent,  or  endeavor  to  prevent,  any 
qualified  elector  of  this  State  from  the  free  exercise  of  the 
elective  franchise,  by  violence  or  bribery,  or  by  threats  of  vio- 
lence or  injury  to  his  person  or  property,  or  by  depriving  an 
elector  ol  employment  or  threatening  to  deprive  him  of  em- 
ployment, shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  punished  by  imprisonment  for  not 
less  than  one  month,  nor  more  than  six  months,  or  by  fine  of 
not  less  than  one  hundred  dollars  nor  more  than  five  hun- 
dred dollars  for  each  offence,  and  one  half  of  the  fine  shall  go 
to  the  proscutor. 

Sec.  2.  Be  it  further  ordained,  That  the  hiring  of  any 
laborer  upon  the  condition  that  the  same  shall  vote,  or  not 
vote,  for  any  special  candidate,  or  any  particular  party,  or  in 
any  specific  manner  shall  be  deemed  bribery  within  the  mean- 
ing of  this  act,  upon  the  part  of  the  person  demanding  the 
said  condition. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
be  published  and  circulated  with  this  Constitution  for  the  in- 
formation of  voters,  and  shall  be  in  force  from  and  alter  the 
date  of  its  passage. 


1868.]  CONTENTION  JOURNAL.  453 

Mr.  Rodman  introduced  a  resolution  giving  certain  instruc- 
tions to  the  Committee  on  Revision. 

There  being  no  quorum  present,  the  House  adjourned. 


SATURDAY,  March  14th,  1868. 

The  Convention  was  called  to  order  at  10  o'clock  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Lennon. 

The  roll  was  called  and  the  following  members  answered  to 
their  names : 

Messrs.  Abbott,  Andrews,  Aydlott,  Baker,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Colgrove, 
Congleton,  Cox,  Dickey,  Dowd,  Duckworth,  Eppes,  Ether- 
idge,  Fisher,  Forkner,  Franklin,  French  of  Bladen,  French 
of  Rockingham,  Fullings,  Gahagan,  Galloway,  George,  Gra- 
ham of  Montgomery,  Grant  of  Wayne,  Grant  of  Northamp- 
ton, Gully,  Gunter,  Hall,  Hare,  Harris  of  Wake,  Hay,  Hayes 
of  Robeson,  Hayes  of  Halifax,  Highsmith,  Hobbs,  Hodnett, 
Hoffler,  Ilollowell,  Holt,  Hood,  Hynian,  Jones  of  Caldwell, 
Jones  of  Washington,  King  of  Lenoir,  Kinney,  Laflin,  Lee, 
Lennon,  Logan,  Mann,  May,  Mayo,  Marshall,  Merritt,  Mc- 
Donald of  Chatham,  McDonald  of  Moore,  Moore,  Morton, 
Mullican,  Murphy,  Nance,  Newsom,  Nicholson,  Patrick, 
Parker,  Parks,  Petree,  Pierson,  Ragland,  Ray,  Read,  Ren- 
frow,  Rhodes,  Rich,  Robbins,  Rose,  Smith,  Stilly,  Stillwell, 
Taylor,  Teague,  Trogden,  Tucker,  Turner,  Welker  and  Wil- 
liams of  Wake — 94. 

The  following  Committee  was  appointed  to  prepare  an 
address  to  the  people :  Messrs.  Tourgee,  Rodman  and  Ga- 
hagan. 

The  following  report  was  taken  up  and  discussed: 

The  Committee  of  Seventeen  to  whom  was  referred  an 
ordinance,  entitled  "  An  ordinance  providing  for  the  restora- 
tion of  the  public  credit,"  have  had  the  same  under  consid- 
eration, and  report  the  same  back  with  a  recommendation  in 
favor  of  its  passage  after  the  following  amendments  are  made, 


454  CONTENTION  JOURNAL.  [Session 

viz :  First,  Amend  the  title  of  said  ordinance  so  as  to  read, 
"  An  ordinance  providing  for  the  payment  ot  the  interest  of 
the  public  debt ;"  Second,  In  line  8,  between  the  words 
"for"  and  "of,"  strike  out  the  words,  "  the  resumption  ;" 
also  strike  out  the  10th  line,  which  reads  as  follows  :  "And  the 
restoration  of  the  public  credit ;"  also,  add  the  following  as  a 
fourth  section  :  "  This  ordinance  shall  be  in  force  and  take 
effect  from  and  after  its  passage." 

D.  HEATON,  Chairman. 

AN   ORDINANCE    TO    PROVIDE    FOR    THE  PAT- 
MENT  OF  THE  INTEREST  ON  THE  PUBLIC  DEBT. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina, 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  the  first  General  Assembly  which 
shall  be  convened  under  the  provisions  of  the  Constitution 
framed  by  this  body,  be,  and  the  same  is  hereby  directed  to 
make  the  following  provisions  for  the  payment  of  the  interest 
upon  the  public  debt. 

Sec.  2.  It  shall  provide  for  the  payment  in  cash  of  the 
interest  falling  due  on  and  after  the  first  day  of  January, 
1869,  upon  that  portion  of  the  bonds  of  the  State  which  are 
dated  prior  to  May  20th,  1861. 

Sec  3.  It  shall  provide  for  the  payment  in  cash  of  the 
interest  falling  due  on  and  after  the  first  day  of  July,  1869, 
upon  that  portion  of  the  bonds  of  the  State  which  are  dated 
on  and  after  January  1st,  1866. 

Sec.  4.  It  shall  provide  for  funding  all  such  coupons  upon 
the  above  specified  classes  of  bonds  as  are  now  due,  or  which 
may  become  due,  prior  to  the  time  when  the  payment  of 
interest  shall  be  resumed  as  above  directed  ;  and  for  such  pur- 
poses the  General  Assembly  shall  authorize  the  issue  of  bonds 
of  the  State  bearing  six  per  cent,  interest,  which  shall  be 
given  at  par  in  exchange  for  such  coupons  as  are  now  due,  or 
may  become  due  prior  to  the  time  when  such  resumption 
of  the  payment  of  interest  shall  take  place. 


1868.]  CONVENTION  JOURNAL.  455 

Sec.  5.  Tins  ordinance  shall  be  in  force  and  take  effect 
•from  and  after  its  passage. 

Mr.  King  moved  to  amend  by  adding  to  section  1,  "  The 
Legislature  shall  have  power  to  alter,  amend  or  repeal  this 
ordinance." 

On  this  amendment  the  yeas  and  nays  were  demanded. 

The  call  was  sustained. 

The  amendment  was  lost  by  the  following,  vote : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Aydlott,  Barnes,  Blume,  Bradley,  Candler,  Daniel, 
Duckworth,  Durham,  Ellis,  Etheridge,  Graham  of  Montgom- 
ery, Graham  of  Orange,  Grant  of  Northampton,  Hare,  Hod- 
nett,  Holt,  Jones  of  Washington,  King  of  Lenoir,  McCubbins, 
Merritt,  McDonald  of  Chatham,  Moore,  Mullican,  Patrick, 
Rhodes,  Rose,  Sanderlin,  Teague  and  Turner — 29. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Bryan,  Carey, 
Charter,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey, 
Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bladen,  French 
■of  Chowan,  Fullings.,  Gahagan,  Galloway,  Glover,  Gully, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hobbs,  Hood,  Hyman,  Jones 
■of  Caldwell,  Kinney,  Lafiin,  Lee,  Legg,  Mann,  May,  Mayo, 
Marshall,  McDonald  of  Moore,  Morton,  Murphy,  Nicholson, 
Parker,  Parks,  Petree,  Pierson,  Pool,  Ray,  Read,  Renfrow, 
Rich,  Robbins,  Rodman,  Smith,  Stilwell,  Taylor,  Tucker  and 
Williams  of  Wake— 64. 

The  following  amendment  offered  by  Mr,  Candler  was  put 
to  the  house  and  lost. 

Strike  out  in  3d  line,  2d  section,  "  1869/'  and  insert  "  1871." 

The  question  recurred  on  the  original  ordinance  as  reported 
by  the  Committee,  which  was,  on  motion,  adopted  by  the 
following  vote: 

Those  who  voted  in  the  affirmative,  are: 

Messrs,  Abbott,  Andrews,  Ashley,  Blume,  Bryan,  Carey, 
Oart^r,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Dickey, 
Dowd,  Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 


4:56  CONVENTION  JOUKNAL.  [Session 

gan,  Galloway,  Glover,  Gully,  Gunter,  Hall,  Harris  of  Wake,. 
Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  High 
smith,  Hobbs,  Hollowell,  Hood,  Hyman,  Jones  of  Caldwell, 
Kinney,  Laflin,  Lee,  Legg,  Mann,  May,  Mayo,  Marshall,  Mc- 
Donald of  Moore,  Morton,  Murphy,  Nance,  Nicholson,  Pat- 
rick, Parker,  Parks,  Petree,  Pierson,  Pool,  Ragland,  Ray, 
Read,  Renfrow,  Rich,  Robbins,  Rodman,  Rose,  Smith,  S til- 
well,  Taylor,  Trogden,  Tucker  and  Williams  of  Wake — 72. 
Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Bradley,  Candler,  Daniel,  Duckworth, 
Durham,  Ellis,  Etheridge,  Graham  of  Montgomery,  Graham 
of  Orange,  Hare,  Hodnett,  Holt,  Jones  of  Washington,  King 
of  Lenoir,  Merritt,  McDonald  of  Chatham,  Moore,  Sanderlin, 
Teague  and  Turner — 21. 

The  Committee  on  Revision  reported  as  follows  r 
The  Committee  on  Revision  to  whom  was  referred  the  ar- 
ticles of  the  Constitution  upon  the  Executive  and  Legislative 
Department  have  revised  the  same,  and  now  recommend  their- 
final  Enrollment. 

D.  HEATON, 
W.  B.   RODMAN, 
W.  NICHOLSON.. 

The  report  was  adopted. 

The  following  gentlemen  obtained  leave  to  enter  their 
names  on  the  protest  of  Messrs.  Bryan,  and  Cowles,  entered 
on  the  Journal  of  Friday:  Messrs.  M.  J.  Aydlott,  R.  W. 
King,  J.  S.  McCubbins,  G.  W.  Bradley,  E.  B.  Teague,  "W. 
H.  George. 

The  Committee  on  Contingent  Expenses  have  examined 
the  account  of  Messrs  W.  W.  Holden  &  Son,  of  five  hundred 
and  fifty-three  dollars  and  ninety-seven  cents.  It  appearing 
from  the  statement  of  the  officers  that  the  same  is  correct  ; 
we  therefore  recommend  its  payment.  AH  of  which  is  respect- 
fully submitted. 

R.  W.  KING,  Chairman. 

The  printed  ordinance  of  relief  offered  by  the  Committee.' 


1868.]  CONTENTION  JOURNAL.  45T 

together  with  the  substitute  of  Mr.  Graham,  of  Orange,  was 
taken  up  and  discussed. 

Mr.  King,  of  Lenoir,  moved  an  amendment  to  the  substi- 
tute of  Mr.  Graham,  of  Orange,  by  adding  another  section,, 
which  was  rejected. 

The  following  ordinance  of  relief,  by  Mr.  Graham,  of 
Orange,  was  adopted. 

AN    ORDINANCE    RESPECTING    THE    JURISDIC- 
TION OF  THE  COURTS   OF  THIS  STATE. 

Section  1.  Be  it  ordained  by  the  people  of  Worth- Carolina 
in  Convention  assembled,  That  sections  one  and  two  of  the- 
ordinance  of  the  Convention  adopted  June  23d,  1866,  en- 
titled "  an  ordinance  to  change  the  jurisdiction  of  the  courts- 
and  the  rules  of  pleading  therein,"  be  and  are  hereby 
repealed. 

Sec.  2.  Be  it  farther  ordained,  That  section  three  of  the 
above  entitled  ordinance  be  amended  to  read  as  follows:  Sec. 
3.  That  all  actions  of  debt,  covenant,  assumpsit  and  account 
now  pending  in  the  Superior  Courts  shall  be  continued  to 
Spring  Term,  1869,  and  that  the  several  Superior  Courts  at 
the  Spring  Term  thereof  only,  unless  otherwise  herein  provi- 
ded, shall  have  exclusive  original  jurisdiction  of  such  causes 
of  action  except  where  jurisdiction  has  been  or  shall  be  giv- 
en to  a  Justice  of  the  Peace  by  the  Constitution  or  laws  of 
North-Carolina.     Should  the  defendant  at  the  Spring  Term, 
1869,  on  writs  which  shall  be  returned  to  that  Term  or  in 
any  suit,  for  the  above  causes  ot  action  then  pending  in  the 
Superior  Court,  pay  or  confess  judgment  to  the  plaintiff  for 
one-tenth  of  the  debt  and  demand,  principal  and  interest  and 
all  costs  to  that  time,  he  shall  be  allowed  until  next  Spring 
Term  to  plead.     At  the  said  Spring  Term  should  the  defendant 
pay  to  the  plaintiff  or  confess  judgment  for  one-fifth  of  the  resi- 
due of  the  said  debt  or  demand  and  cost,  he  shall  be  allowed 
until  the  succeeding  Spring  Term  to  plead.     At  the  said  Spring 
Term  should  the  defendant  pay  to  the  plaintiff  or  confess 
judgment  for  one-half  of  the  residue  of  the  debt  or  demand,, 


458  CONVENTION  JOURNAL.  [Session 

lie  shall  be  allowed  until  tke  succeeding  Spring  Term  to 
plead.  At  the  said  Spring  Term  the  plaintiff  shall  have 
judgment  for  the  residue  of  his  debt  or  demand :  Provided, 
however,  That  the  plaintiff,  if  required,  shall  file  his  debt  or 
demand  in  writing,  and  if  the  defendant  shall  make  oath  that 
the  whole  or  any  part  thereof  is  not  justly  due,  or  that  he  has 
a  counter  demand,  all  of  which  shall  be  particularly  set  forth 
by  affidavit,  then  the  defendant  shall  only  pay  the  instalment 
required  of  what  he  admits  to  be  due,  and  the  court  shall  or- 
der a  jury  at  the  same  or  some  subsequent  term  to  try  the 
matters  :n  dispute  between  the  parties,  and  at  the  next  Spring 
Term  the  defendant  shall  be  allowed  time  to  plead  only  upon 
paying  or  confessing  judgment  for  one-fifth  of  the  residue  of 
the  admitted  amount,  and  whatever  the  jury  finds  him  in- 
debted over  and  above  the  same  :  Provided  further,  That 
should  the  -defendant  fail  to  pay  or  confess  judgment  for  the 
first  or  any  subsequent  installment,  then  and  in  that  case  the 
plaintiff  shall  be  entitled  to  proceed  to  judgment  and  execu- 
tion for  such  installment,  unless  the  defendant  shall  put  in 
pleas,  in  which  ease  the  suit  shall  proceed  according  to  the 
•course  of  the  court  in  1860;  Provided  further,  That  by  con- 
sent of  the  plaintiff  the  defendant  at  any  term  of  the  court 
may  confess  judgment  for  a  stipulated  sum  in  full  and  final 
discharge  of  all  further  demand  or  liability  upon  such  claim. 
Sec.  3.  Be  it  further  ordained,  That  section  10  of  the 
above  recited  act  shall  be  amended  to  read  as  follows :  Sec 
10.  That  executions  on  judgments  in  actions  of  debt,  assump- 
sit, covenant  or  account,  or  decrees  for  money  demands  in 
equity,  which  have  been,  or  shall  be  issued  on  judgments  or 
decrees  heretofore  obtained,  shall  be  levied  on  the  property 
of  the  defendant  and  returned  without  sale :  Provided;  such 
return  shall  not  prejudice  any  lien  the  plaintiff  may  acquire 
or  then  have  by  virtue  of  said  fi  fa.  or  venditioni  exponas. 
At  Spring  Term,  1889,  execution  on  all  such  judgments  or 
decrees  shall  issue  for  only  one-tenth  of  the  amount  then  due  ; 
at  Spring  Term,  1870,  for  one-fith  of  the  residue  ;  at  Spring 
Term,  1871,  for  one-half  of  the  residue,  and  at  Spring  Term., 
187.2,  for  the  balance  of  the  debt.;  and  no  execution  shall  issue 


J  868.]  CONVENTION  JOURNAL.  459 

from  the  Fall  Term  on  any  such  judgment  or  decree  except 
by  consent  of  the  defendant.  That  no  mortgagee  or  trustee 
shall  expose  to  sale  the  property  conveyed  in  such  mortgage 
or  trust  deed,  without  the  consent  of  the  grantor,  before  first 
of  March,  1869.  Should  the  mortgagor  or  trustor  at  that 
time  pay  one-tenth  of  the  debts  mentioned,  the  sale  shall  be 
postponed  to  first  of  March,  1870  ;  at  that  time  should  the 
mortgagor  or  trustor  pay  one  firth  of  the  residue,  the  sale 
shall  be  postponed  to  the  first  of  March,  1871  ;  at  that  time 
should  the  trustor  or  mortgagor  pay  one-half  of  the  residue, 
the  sale  shall  be  postponed  to  first  of  March,  1872;  and  at 
that  time  the  trustee  or  morgagee  shall  sell  the  property  or 
so  much  of  it  as  will  realize  the  balance  of  the  debts :  Provi- 
ded, however,  That  should  the  trustor  or  mortgagor  fail  to 
pay  the  first  or  any  subsequent  installment,  then,  and  in  that 
case,  the  trustee  or  mortgagee  shall  sell  at  six  months  credit 
so  much  of  the  property  conveyed  as  will  realize  such  in- 
stallment. 

Sec.  4:.  Be  it  further  ordained,  That  section  11  of  the 
above  entitled  act  be  amended  to  read  as  follows :  That  no 
warrants  before  Justices  of  the  Peace  shall  issue  or  be  return- 
able until  January  1st,  1869.  Should  the  defendant  upon 
such  return  pay  to  the  plaintiff,  or  to  the  collecting  officer, 
for  his  use,  or  confess  judgment  before  the  magistrate  for  one- 
tenth  of  the  debt  and  demand,  (principal  and  interest)  he 
shall  be  allowed  twelve  months  to  plead ;  at  the  expiration 
of  that  time,  should  the  defendant  pay  to  the  plaintiff  or  con- 
fess judgment  for  one-fifth  of  the  residue  of  the  said  debt  or 
demand,  he  shall  be  allowed  twelve  months  more  to  plead  ; 
at  the  expiration  of  that  time  should  the  defendant  pay  to  the 
plaintiff  or  confess  judgment  for  one-half  of  the  residue  of 
said  debt  or  demand,  he  shall  be  allowed  twelve  months  more 
to  plead ;  at  the  expiration  of  that  time  the  plaintiff  shall 
have  judgment  for  the  residue  of  his  debt  or  demand  :  Pro- 
vided however,  That  the  plaintiff,  if  required,  shall  file  his 
claim  in  writing,  and  if  the  defendant  shall  make  oath  that 
the  whole  or  any  part  thereof  is  not  justly  due,  or  that  he  has 
a  counter  demand,  all  of  which  he  shall  particularly  set  forth. 


460  CONTENTION  JOURNAL.  [Session 

by  affidavit,  then  the  defendent  shall  only  pay  the  installment 
required  of  what  he   admits  to  be  due,  and  the.  justice  shall 
proceed  to  try  the  matters  in  dispute  between  the  parties  ; 
and  at  the  expiration  of  twelve  months  the  defendant  shall  be 
allowed  time  to  plead  only  upon  payment  of  one-fifth  of  the 
amount  admitted  to  be  due,  and  whatever  the  justice  may 
have  found  him  indebted  over  and  above  the  same :  Provi- 
ded, That  should  the  defendant  fail  to  pay  or  confess  judg- 
ment for  the  first  or  any  subsequent  installment,  then  and  in 
that  case,  the  plaintiff  shall  be  entitled  to  proceed  to  judg- 
ment and  execution  for  such  installment :  Provided  further. 
That  by  consent  of  the  plaintiff   the  defendant  may  at  any 
time  confess  judgment  for  a  stipulated  sum  in  full  and  final 
discharge  of  all  further  demand  or  liability  upon  such  claim. 
That  all  executions  on  judgments  in  actions  of  debt,  cove- 
nant, assumpsit  or  account  which  have  been,  or  shall  be  issu- 
ed on  judgments  heretofore  obtained  before  any  magistrate,' 
shall  be  levied  on  the  property  of  the  defendent  and  returned 
without  sale  ;  at  the  expiration  of  twelve  months  irom  such 
return,  execution  on  all  such  judgments  shall  issue  for  only 
one-tenth  of  the  amount  then  due  ;  at  the  expiration  of  twelve 
months  from  that  time  for  one-fifth  of  the  residue  ;  at  the  ex- 
piration of  twelve  months  more  for  one-half  of  the  residue, 
and  at  the  expiration  of  twelve  months  more  for  the  balance 
of  the  debt. 

Sec.  5.  Be  it  further  ordained,  That  section  17  of  the 
above  entitled  ordinance  be  amended  to  read  as  follows :  Sec- 
tion 17.  That  the  provisions  of  this  ordinance  shall  not  be 
construed  to  extend  to  any  debts  or  demands  contracted  or 
penalties  incurred  since  the  first  clay  of  May,  A.  D,  1865,  or 
which  may  hereafter  be  contracted  or  incurred,  except  actions 
founded  on  any  bond,  promissory  note,  bill  of  exchange,  or 
any  other  instrument  of  writing,  or  parol  promise  made  since 
first  May,  1865,  in  renewal  of,  or  substitution  for,  a  contract 
made  prior  to  first  of  May,  1865,  to  the  full  amount  of  the 
principal  and  interest  of  a  debt  existing  prior  to  said  day,  and 
without  other  consideration  than  such  pre-existent  debt ;  and 
except  also,  actions,  suits,  or  process  to   revive,  continue  or 


1868,]  CONTENTION  JOURNAL.  461 

enforce  any  judgment  heretofore  recovered  upon  any  such 
bond,  promissory  note,  bill  of  exchange  or  other  instrument  of 
writing  or  parol,  or  promise,  as  is  hereinbefore  mentioned. 

Sec.  6.  Be  it  farther  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification. 

Mr.  King,  ol  Lincoln,  offered  a  resolution  in  relation  to  the 
amalgamation  of  races. 

Lies  over  under  the  rules. 

Mr.  Read  offered  an  ordinance  in  relation  to  the  Cape  Fear 
and  Deep  River  Navigation  Company. 

Referred  to  the  Committee  of  Seventeen. 

Mr.  Harris,  of  Wake,  introduced  a  report  of  the  Committee 
on  Divorce. 

Mr.  Hood  introduced  a  resolution  in  relation  to  marriages. 

Lies  over  under  the  rule. 

Mr.  Rodman  introduced  the  following  resolution,  which  was, 

On  motion,  adopted : 

Resolved,  That  for  the  purpose  of  completing  the  enrol- 
ment of  the  ordinance,  and  resolutions  of  this  Convention,  the 
Secretary  be,  and  he  is,  authorized  to  employ  one  or  more 
clerks. 

On  motion,  the  following  ordinance  introduced  by  Mr.  Rod- 
man was  adopted : 

AN    ORDINANCE    PROVIDING    FOR    AUDITING 
THE  ACCOUNTS  OF  THE  CONVENTION. 

Section  1.  Be  It  ordained  oy  the  people  of  North- Carolina 
in  Convention  assembled,  That  Calvin  J.  Cowles,  after  the 
adjournment  of  this  Convention,  shall  audit  the  accounts 
thereof,  and  also  the  accounts  for  all  expenditures  for  the 
printing  ordered  by  this  Convention,  and  the  Treasurer  of  this 
State  is  hereby  required  to  pay  from  any  money  in  the  Treas- 
ury of  the  State,  upon  the  warrant  of  said  Cowles,  any  sum 
necessary  for  the  purpose  of  paying  such  expenses.  He  shall 
receive  for  his  services  six  dollars  per  day  while  actually  em- 
ployed therein,  to  be  paid  in  like  manner  upon  his  own  war- 
rant.    The  Comptroller  of  the  State  is  hereby  requested  to 


462  CONVENTION  JOURNAL.  [Session 

audit  the  accounts  of  said  Cow'les,  and  the  said  accounts  so 
audited  shall  be  deposited  in  the  office  of  the  Comptroller  of 
the  State  of  North-Carolina. 

On  motion,  the  House  adjourned. 


EVENING  SESSION,  Maech  14th,  1868. 

The  Convention  was  called  to  order  at  T\  o'clock  by  the 
President. 

The  roll  was  called,  the  following  members  answering  to 
their  names : 

Messrs.  Andrews,  Ashley,  Aydlott,  Bryan,  Carter,  Cherry, 
Chillson,  Congleton,  Daniel,  Dickey,  Dowd,  Duckworth, 
Ellis,  Eppes,  Etheridge,  Fisher,  Eorkner,  French  of  Bucking- 
ham, French  of  Chowan,  Fullings,  Gahagan,  Galloway, 
George,  Graham  of  Montgomery,  Grant  of  Northampton, 
Gunter,  Harris  of  Wake,  Hay,  Hayes  of  Halifax,  Highsmith, 
Hobbs,  Hoffler,  Hollowell,  Hood,  Hyman,  Jones  of  Caldwell, 
King  of  Lenoir,  Laflin,  Lee,  Legg,  Lennon,  Logan,  May, 
Marshall,  McCubbins,  McDonald  of  Chatham,  Moore,  Mulli- 
can,  Nance,  Newsom,  Nicholson,  Parker,  Parks,  Petree, 
Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Robbins,  Rose,  San- 
derlin,  Stilwell,  Teague,  Tucker,  Turner  and  Welker — 67. 

Leave  of  absence  was  granted  Mr.  Ragland  until  Monday 
next. 

Mr.  Hood  called  up  the  following  ordinance : 

AN  ORDINANCE  IN  RELATION   TO   MARRIAGES 
AUTHORIZED  BY  MILITARY  AUTHORITY. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  all  marriages  authorized  by  mil- 
itary authority  since  April  1st,  1862,  are  hereby  declared 
legal  and  valid. 

Mr.  Ellis  offered  an  amendment,  which  was  lost. 

The  ordinance,  as  read,  was  adopted. 


1863.]  CONVENTION  JOURNAL.  46$ 

The  Committee  on  Revision  reported  back  the  following 
Articles,  viz ; 

Judicial  Department, 

Finance, 

Municipal  Corporations, 

With  a  few  verbal  corrections,  excepting  section  1st  in  Mu- 
nicipal Corporations,  which  was  stricken  out. 

The  report  was  adopted,  and  the  Articles  were  ordered  to* 
be  enrolled  as  reported  by  the  Committee,  for  final  action  and 
signature. 

The  following  ordinance  was  reported  by  the  Committee  of 
S  eventeen,  who  recommended  its  adoption  : 

AN  ORDINANCE  AMENDING  THE   CHARTER   OF 
THE  CITY  OF  WILMINGTON. 

Whereas,  Certain  provisions  of  an  act  to  incorporate  the 
indabitants  of  the  town  of  Wilmington,  ratified  February  lsty 
A.  D.  1866,  are  inconsistent  with  and  contrary  to  section  22d 
of  the  Bill  of  rights  as  adopted  by  the  Convention,  and  pro- 
posed to  be  incorporated  in  the  Constitution  of  the  State  ot 
North-Carolina : 

Section.  1.  Beit  ordained  hy  the  people  of  Worth- Carolina 
in  Convention  assembled,  That  so  much  of  section  third  of 
the  aforesaid  act  to  incorporate  the  inhabitants  of  the  town  of 
Wilmington,  as  requires  a  freehold  situated  in  the  city  of  the 
value  of  one  thousand  ($1,000)  dollars,  according  to  assess- 
ment for  taxation,  as  a  qualification  to  hold  the  office  of 
Mayor  and  Alderman  of  said  city,  be  and  the  same  is  hereby 
repealed. 

Sec.  2.  Be  it  further  ordained,  That  so  much  of  section 
fifth  of  the  aforesaid  act  of  incorporation,  as  requires  the  in- 
spector of  elections  in  each  ward  to  be  a  freeholder,  be  and 
hereby  is  repealed. 

Sec.  3.  Be  it  further  ordained,  That  within  fifteen  days 
after  the  organization  of  the  State  Govornment,  under  the 
Constitution  adopted  by  this  Convention,  the  Sheriff  of  the 
County  of  New  Hanover,  with  such  assistants  as  he  may  ap- 


464  CONVENTION  JOURNAL.  [Session 

point,  shall  hold  an  election  for  Major,  and  two  (2)  Alder- 
men for  each  of  the  four  wards  of  the  City  of  Wilmington, 
which  election  shall  be  in  conformity  with  the  provisions  of 
this  ordinance,  and  in  the  manner  prescribed  by  the  seven- 
teenth (17th)  section  of  the  beforementioned  act  of incorpora^ 
tion.  The  person  elected  Mayor  shall  hold  office  until  the 
first  Monday  in  January,  1869  ;  and  until  his  successor  is  qual- 
ified. Of  the  persons  elected  Aldermen  of  each  ward,  one 
shall  hold  office  until  the  first  Monday  in  January,  1869,  and 
until  his  successor  shall  be  qualified,  and  the  other  shall  hold 
office  until  the  first  Monday  in  January,  1870,  and  until  his 
successor  shall  be  qualified.  The  classification  of  the  Alder- 
men shall  be  made  by  the  aforesaid  Sheriff,  in  the  manner 
prescribed  by  the  classification  of  the  first  Board  of  Aldermen, 
by  section  seventeenth  (17th)  of  the  aforesaid  act  of  incorpor- 
ation. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  the  approval  by  the  Congress  of 
the  United  States  of  the  Constitution  framed  by  this  Con- 
vention. 

The  ordinance  was  put  before  the  House  for  action. 

The  yeas  and  nays  were  called  on  its  adoption. 

The  call  was  sustained  and  the  ordinance  adopted  by  the 
following  vote : 

Those  who  voted  in  the  affirmative  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Bryan,  Carter. 
Chillson,  Congleton,  Dickey,  Fisher,  Franklin,  French  of 
Bladen,  French  of  Rockingham,  French  of  Chowan,  Fullings. 
Gahagan,  Galloway,  George,  Graham  of  Montgomery,  Grant 
of  Wayne,  Gunter,  Hall,  Harris  of  Wake,  Hay,  Hayes  of 
Robeson,  Heaton,  Hobbs,  Hoffler,  Jones  of  Washington. 
King  of  Lenoir,  Kinney,  Laflin,  Legg,  Logan,  Mann,  May, 
Mayo,  Marshall,  McDonald  of  Chatham,  Mullican,  Nance. 
Newsom,  Nicholson,  Parks,  Petree,  Ray,  Read,  Renfrow. 
Rich,  Rodman,  Rose,  Stilwell,  Teague,  Tucker,  Turner  and 
Welker— 51. 

Those  who  voted  in  the  negative,  are : 


1868.]  CONVENTION  JOTIRNAL.  465 

Messrs.  Baker,  Durham,  Ellis,  Etheridge,  Graham  of  Orange, 
Hare,  Lermon,  Merritt  and  Sanderlin— 9. 

The  Committee  on  Divorce  reported  unfavorably  on  the 
following  cases ! 

Thomas  J.  Hancock,  Martha  Brown,  Elizabeth  Wood  and 
Henry  G.  Wood,  James  Bradley  and  Nancy  Bradley,  Little- 
ton Perry  and  Leroy  S,  F.  Robeson. 

The  Committee  reported  favorably  on  the  cases  of  Ann 
Underdue  and  Palmer  Babcock. 

The  petitions  of  Underdue  and  Babcock  were  granted. 

Mr.  Cherry,  of  Edgecombe,  introduced  an  ordinance  for  the 
divorce  of  Sarah  Mitchell-. 

Referred  to  the  Committee  of  Seventeen* 

Mr.  Read,  an  ordinance  for  the  divorce  of  Edward  Shrover, 

The  yeas  and  nays  were  granted,  a  majority  of  the  members 
not  voting,  it  was  considered  no  vote, 

Mr.  Dowd,  an  ordinance  to  provide  for  the  re-assessment  of 
lands. 

Referred  to  the  Committee  of  Seventeen. 

Mr.  Abbott,  an  ordinance  for  the  completion  of  the  Wes- 
tern North-Carolina  Rail  Road-,  and  withdrew  an  ordinance 
previously  introduced. 

The  yeas  and  nays  were  taken. 

The  ordinance  was  adopted  by  the  following  vote  \ 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Andrews,  Ashley,  Baker,  Bryan,  Carter, 
Cherry,  Chillson,  Congleton,  Dickey,  Dowd,  Durham,  Ellis, 
Etheridge,  Fisher,  Forkner,  French  of  Bladen,  French  of 
Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gallo- 
way, George,  Grant  of  Wayne,  Gunter,  Hall,  Harris  of  Wake, 
Hayes  of  Robeson,  Heat  on,  Hofner,  Hollowell,  Jones  of  Cald- 
well, Kinney,  Laflin,  Legg,  Lennon,  Logan,  Mann,  May,  Mayo, 
Marshall,  McCubbins,  Merritt,  McDonald  of  Chatham,  Mul- 
lican,  Murphy,  Nance,  Nicholson,  Parks,  Petree,  Ragland, 
Ray,  Read,  Rhodes,  Rich,  Rodman,  Rose,  Stilwell,  Teague, 
Tucker,  Turner  and  Welker- — 62. 

Those  who  voted  in  the  negative,  are  % 

30 


466  CONVENTION  JOUENAL.  [Session 

Messrs.  Aydlott,  Graham  of  Orange,  Hare,  Hay,  King  of 
Lenoir,  Newsom,  and  Sanderlin — 1. 

AN  ORDINANCE  FOE  THE  COMPLETION  OF  THE 
WESTEEN  NOETH-CAEOLINA  EAIL  EOAD. 

Section  1.  Be  it  ordained  by  the  people  of  Worth- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  the  proceeds  of  no  appropriations 
or  subscriptions  which  the  State  of  North-Carolina  has  made 
or  may  hereafter  make  to,  or  in  aid  of,  the  Western  [North- 
Carolina  Eail  Eoad  Company,  shall  be  used  in  the  construc- 
tion of  any  branch  road  except  that  of  French  Broad  until  the 
main  trunk  line  of  said  Eail  Eoad  shall  have  been  completed 
to  Copper  Mine,  at  or  near  Ducktown. 

Sec  2.  Be  it  further  ordained,  That  the  General  Asembly, 
when  the  interest  of  said  corporation  (the  Western  North- 
Carolina  Eail  Eoad  Company)  requires  it,  shall  be  and  the 
same  is  hereby  authorized  and  directed  to  make  such  further 
appropriation  or  subscription  to  the  capital  stock  of  said  Eail 
Eoad  Company  as  will  insure  the  completion  of  said  road  at 
the  earliest  practicable  day. 

Mr.  Eodman  offered  the  following  ordinance,  which, 

On  motion,  was  adopted  : 

AN    OEDINANCE    EXTENDING    THE    TIME    FOE 
EEGISTEATION  OF  DEEDS. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
aiothority  of  the  same,  That  no  grant  or  conveyance  of  lands 
heretofore  made  shall  be  void  by  reason  of  the  n  on  -registration 
thereof  previous  to  this  time,  but  the  grantees  in  such  deed* 
shall  have  two  years  from  the  ratification  of  this  ordinance 
wherein  to  register  the  same :  Provided,  That  nothing 
herein  contained  shall  extend  to  mortgages,  deeds  in  trust  or 
marriage  settlements. 

Sec  7.  Be  it  further  ordained,  That  all  persons  who  have 


1868.]  CONTENTION  JOURNAL.  467 

made  entries  of  vacant  land  and  paid  the  purchase  money  to 
the  State  for  the  same  since  the  first  day  of  January,  1861, 
shall  have  until  the  first  day  of  January,  1869,  to  perfect  titles 
to  the  same. 

Sec.  3.  Be  it  further  ordained,  That  all  persons  who  have 
heretofore  made  entries  of  lands  according  to  law  within  the 
time  aforesaid,  and  have  not  paid  the  purchase  money  into 
the  Treasury,  shall  have  until  the  first  day  of  January,  1869, 
to  make  said  payment  and  perfect  their  titles  to  said  lands  : 
Provided,  That  nothing  herein  contained  shall  be  so  con- 
strued as  to  affect  the  titles  of  persons  who  have  heretofore 
obtained  grants  for  said  lands,  or  the  rights  of  junior  enterers, 
or  extending  to  swamp  lands  vested  in  the  Literary  Board. 

Mr.  McDonald,  of  Chatham,  obtained  permission  to  record 
his  name  in  the  affirmative  on  the  ordinances  passed  by  the 
Convention  in  relation  to  the  Chatham  and  Western  Rail 
Road  Gompanies. 

The  following  are  the  divorce  ordinances  as  adopted.  A 
motion  to  reconsider  each  ordinance,  was, 

On  motion,  laid  on  the  table : 

AN  ORDINANCE  FOR  THE  DIVORCE  OF  PALMER 
AND  LUCIND  C.  BABCOCK. 

Section  1.  Be  it  ordained  by  the  people  of  A7 orth-  Carolina 
in  Convention  assembled,  That  Palmer  Babcock  be,  and  he 
hereby  is,  divorced  from  the  bonds  of  matrimony  with  his 
wife,  Lucind  C.  Babcock,  and  that  this  ordinance  shall  take 
effect  from  and  after  its  passage. 

AN    ORDINANCE    FOR    THE    DIVORCE    OF  ANN 
UNDERDUE  AND  WILLIAM  UNDERDUE. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina, 
in  Convention  assembled,  That  Ann  Underdue,  formerly  Ann 
Smith,  wife  of  William  Underdue,  be  and  she  is  hereby 
divorced  from  the  bonds  of  matrimony  with  her  said  husband 
and  that  this  ordinance  shall  be  in  force  from  and  after  its 
passage. 

On  motion,  the  house  ihen  adjourned. 


468  .     CONVENTION  JOURNAL.  [Session 

MONDAY,  March  16th,  1S68. 

The  Convention  Was  called  to  order  at  10  o'clock,  by  the 
President. 

Prayer  by  the  Rev.  Mr.  Hudson. 

The  roll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Andrews,  Ashley,  Aydiott,  Benbow,  Blume,  Brad- 
ley, Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson,  Col- 
grove,  Congieton,  Cox,  Daniel,  Dickey,  Dowd,  Duckworth, 
Eppes,  Etheridge,  Fisher,  Forkner,  Franklin,  French  of  Bla- 
den, French  of  Rockingham,  French  of  Chowan,.  Fullings. 
Gahagan,  Galloway,  George,  Glover,  Graham  of  Orange, 
Grant  of  Wayne,  Grant  of  Northampton,  Gully,  Gunter, 
Hall,  Hare,  Harris  of  Wake,  Harris  of  Franklin,  Hay,  Hayes 
of  Robeson,  Highsmith,  Hobbs,  Hodnett,  Hoffler,  HollowelL 
Holt,  Hood,  Hyman,  Jones  of  Caldwell,  Kinney,  Legg,  Len- 
non,  Logan,  May,  Marshall,  McCubbins,  Merritt,  McDonald 
of  Chatham,  Moore,  Morton,  Mullican,  Murphy,  Nance,  New- 
som,  Nicholson,  Patrick,  Parker,  Parks,.  Petree,  Pierson. 
Pool,  Ray,  Read,  Renfrow,  Robbins,  Rose,  Sanderlin,  Smith. 
Stilly,  Stilwell,  Taylor,  Teague7  Trogden,  Tueker,  Turner. 
Watts,  Welker  and  Williams  of  Wake — 91. 

The  Committee  of  Seventeen  reported  the  following  as  an 
amendment  to  Article  XIII  of  the  Constitution,  which  was 
adopted : 

i 

ARTICLE  XIII. 

AMENDMENTS. 

Section  1.  No  Convention  of  the  people  shall  be  called  by 
the  General  Assembly  unless  by  the  concurrence  of  two-thirds 
of  all  the  members  of  each  House  of  the  General  Assembly. 

Sec.  2.  No  part  of  the  Constitution  of  this  State  shall  be 
altered  unless  a  bill  to  alter  the  same  shall  have  been  read 
three  times  in  each  House  of  the  General  Assembly  and  agreed 
to  by  three-fifths  of  the  whole  number  of  members  of  each 
House,  respectively :  nor  shall  any  alteration  take  place  until 


1368.]         '  CONVENTION  JOURNAL.  469 

the  bill,  so  agreed  to,  shall  have  been  published  six  months 
previous  to  a  new  election  of  members  of  the  General  Assem- 
bly. If,  after  such  publication,  the  alteration  proposed  by 
the  preceding  General  Assembly  shall  be  agreed  to,  in  the 
first  session  thereafter  by  two  thirds  of  the  whole  representa- 
tion in  each  House  of  the  General  Assembly,  after  the  same 
shall  have  been  read  three  times  on  three  several  days,  in 
each  House,  then  the  said  General  Assembly  shall  prescribe 
a  mode  by  which  the  amendment  or  amendments  may  be 
submitted  to  the  qualified  voters  of  the  House  of  Represen- 
tatives throughout  the  State ;  and  if,  upon  comparing  the 
votes  given  in  the  whole  State,  it  shall  appear  that  a  majority 
of  the  voters  voting  thereon  have  approved  thereof,  then,  and 
not  otherwise,  the  same  shall  become  a  part  of  the  Constitu- 
tion. 

The  following  is  the  vote  on  the  adoption  of  the  Article  on 
Amendments  : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chilson, 
Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,  Eppes, 
Etheridge,  Fisher,  Forkner,  French  of  Bladen,  French  of 
Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gallo- 
way, George,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Grant  of  Northampton,  Gunter,  Hall,  Harris  of 
Wake,  Harris  of  Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of 
Halifax,  Heaton,  Highsmith,  Hobbs,  Homer,  Hollowell,  Hood, 
Flyman,  Jones  of  Caldwell,  Jones  of  Washington,  Kinney, 
Lee,  Legg,  Logan,  May,  Marshall,  McDonald  of  Chatham, 
Moore,  Morton,  Mullican,  Murphy,  Nance,  Newsom,  Nichol- 
son, Patrick,  Parker,  Parks,  Petree,  Pierson,  Pool,  Ray,  Read, 
Renfrow,  Rhodes,  Robbins,  Rose,  Stilly,  Taylor,  Teague, 
Trogden,  Tucker,  Turner,  Welkerand  Williams  of  Wake — 84. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Durham,  Graham  of  Orange,  Hodnett,  Holt,  Len- 
non,  McCubbins,  Merritt  and  Sanderlin — 9. 

The  following  ordinance  having  been  reported  favorably 
by  the  Committee  of  Seventeen,  was  taken  up,  read  and 
adopted : 


470  *  CONTENTION  JOURNAL.  [Session 

AN   ORDINANCE    IN    EELATION    TO   THE  CAPE 
FEAR  AND  DEEP  RIYER  NAVIGATION  WORKS. 

"Whereas,  The  Cape  Fear  and  Deep  River  Navigation 
Works  are  in  a  ruinous  condition,  and  in  their  present  con- 
dition utterly  worthless  to  the  State  and  highly  injurious  to 
the  interests  of  the  people  residing  in  the  valleys  of  said 
rivers ;  and  whereas,  it  is  expedient  that  said  Works  shall 
be  made  available  in  developing  the  resources  of  said  valleys : 

Section  1.  Now  therefore  be  it  ordained  by  the  people  of 
North- Carolina  in  Convention  assembled,  That  for  the  pur- 
pose of  aiding  the  Chatham  Rail  Road  Company  in  [the] 
transportation  of  stone  for  building  their  bridges,  culverts 
and  other  masonry,  and  for  the  carriage  of  materials  and 
supplies  to  points  needed,  the  interest  of  the  State  of  North- 
Carolina  in  said  Cape  Fear  and  Deep  River  Navigation 
Works  from  the  Gulf  Dam,  on  Deep  River,  to  Northing 
Dam,  on  Cape  Fear  River,  both  inclusive,  is  hereby  trans- 
ferred to  the  said  Chatham  Rail  Road  Company,  with  liberty 
to  said  Company  to  repair,  use  and  make  avail  of  said  por- 
tion of  said  Works,  and  all  franchises  and  privileges  apper- 
tenant  thereto,  to  the  same  extent  as  is  possessed  by  the  State. 

Sec.  2.  Be  it  further  ordained,  That  the  President  and 
Directors  of  the  Chatham  Rail  Road  Company  shall  have 
power  to  transfer  and  assign  said  interests  herein  conveyed 
and  transferred,  or  any  portion  thereof,  for  the  purpose  of 
improving  the  valleys  of  said  rivers. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  its  passage. 

The  Committee  of  Seventeen  reported  the  following  reso- 
lution : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  it  is 
impracticable  to  take  any  definite  action,  at  this  late  period 
of  the  session,  on  the  petition  in  relation  to  the  formation  of  a 
new  County  out  of  Iredell,  Rowan  and  Cabarrus  Counties, 
and  that  said  petition  is  hereby  respectfully  referred  to  the 
earnest  attention  and  consideration  of  the  next  Legislature. 

The  resolution  was,  on  motion,  adopted. 


186  8.]  CONVENTION"  JOURNAL.  471 

The  following  resolution,   reported  by  the  Committee  on 

Elections.,  was  adopted : 

Resolved,  That  Lorenzo  D.  Hall,  of  Sampson  County,  and 
John  Marshall,  of  Surry  County,  be  allowed  pay  and  mileage 
from  the  commencement  of  the  session.,  and  that  the  Presi- 
dent and  Secretary  be  authorized  and  directed  to  sign  vouch- 
ers for  the  same. 

The  Committee  on  Revision  reported  the  following  substi- 
tute for  sections  2d  and  5th  of  the  Article  on  Suffrage  and 
Eligibility  to  office; 

Sec.  2.  It  shall  be  the  duty  of  the  General  Assembly  to 
provide,  from  time  to  time,  for  the  registration  of  all  electors, 
and  no  person  shall  be  allowed  to  vote  without  registration, 
or  to  register,  without  first  taking  an  oath  or  affirmation  to 
support  and  maintain  the  Constitution  and  laws  of  the  Uni- 
ted States,  and  the  Constitution  and  laws  of  North-Carolina, 
not  inconsistent  therewith. 

Sec.  5.  The  following  classes  of  persons  shall  be  disquali- 
fied for  office :  First,  All  persons  who  shall  deny  the  being  of 
Almighty  Cod.  Second,  All  persons  who  shall  have  been 
convicted  of  treason,  perjury,  or  of  other  infamous  crime, 
since  becoming  citizens  of  the  United  States,  cr  of  corrup- 
tion, or  mal-practice  in  office,  unless  such  persons  shall  have 
been  legally  restored  to  the  rights  of  citizenship. 

The  sections  were  adopted. 

The  Article  on  Suffrage  and  Eligibility  to  office,  as  amended, 
was  adopted  by  the  following  vote  : 

Those  who  voted  in  the  affirmative  are ; 

Messrs.  Abbott,  Andrews,  Ashley,  Aydlott,  Blume,  Bryan, 
Carey,  Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congle- 
ton,  Dickey,  Duckworth,  Eppes,  Fisher,  Forkner,  Franklin, 
French  of  Bladen,  French  of  Rockingham,  French  of  Chowan, 
Fullings,  Gahagan,  George,  Glover,  Graham  of  Montgomery, 
Grant  of  Wayne,  Gunter,  Hall,  Harris  of  Wake,  Harris  of 
Franklin,  Hay,  Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton, 
Homer,  Hood,  Hyman,  Jones  of  Caldwell,  Jones  of  Washing- 
ton, Kinney,  Laflin,  Lee,  May,  Marshall,  McDonald  of  Moore, 
Moore,  Morton,  Murphy,  Nance,  Newsom,  Nicholson,  Patrick, 


472  CONTENTION  JOURNAL.  [Session 

Parker,  Parks,  Petree,  Pierson,  Pool,  Raj,  Renfrow,  Robbins, 
Rose,  Smith,  Stilly,  Stillwell,  Taylor,  Teague,  Tourgee> 
Trogden,  Tucker,  Turner,  "Watts,  Welker  and  Williams  of 
Wake— 75. 

Those  who  voted  in  the  negative,  are : 

Messrs.  Bradley,  Durham,  Etheridge,  Graham  of  Orange,, 
Hare,  Holt,  Lennon,  McCubbins,  Merritt,  McDonald  of  Chat- 
ham, Read  and  Sanderlin — 12. 

Leave  of  absence  was  granted  Mr.  Hodnett,  Mr.  May  and 
Mr.  McDonald  of  Chatham. 

Mr.  French,  of  Chowan,  introduced  an  ordinance  to  char- 
ter the  Albemarle  Rail  Road  Company. 

The  ordinance  passed  its  first  reading. 

A  motion  to  suspend  the  rules  was  lost. 

The  following  resolutions  were  received,  and  on  motion,, 
were  ordered  to  be  spread  on  the  Journal : 

CONST.  CONTENTION  OF  SOUTH-CAROLINA, 

Charleston,  March  14,  1868. 

The  following  preamble  and  resolutions  were  adopted  : 

Whereas,  W.  H.  S.  Sweet,  Esq.,  a  delegate  to  the  North- 
Carolina  Constitutional  Convention,  has  honored  this  body 
with  a  visit ;  therefore  be  it 

Resolved,  That  this  Convention  sends  greeting  and  good 
wishes  to  the  Constitutional  Convention  of  our  sister  State. 

Resolved,  That  the  President  of  this  Convention  is  hereby 
requested  to  forward  a  copy  of  these  resolutions  to  the  Consti- 
tutional Convention  of  North-Carolina. 

A.  G.  MACKEY, 
Attest :  Presidents 

C.  J.  Stalbeand,  Secretary^ 

Mr.  Ashley  introduced  the  following  resolution  : 
Resolved,  That  the  Committee  on  Contingent  Expenses  be 
instructed  to  audit  and  allow  the  accounts  of  W.  H.  S.  Sweet 
for  expenses  to   Charleston,  S.  C,  and  return,  said  expenses, 
having  been  incurred  by  order  of  this  Convention. 
The  resolution,  on  motion,  was  adopted* 


1868.]  CONTENTION  JOURNAL.  473 

Mr.  Rich  introduced  a  resolution  of  thanks  to  C.  J.  Cowles, 
President  of  the  Convention.     Lies  over. 

Mr.  Hayes,  of  Halifax,  introduced  the  following  resolution, 
which,  on  motion,  was  adopted  : 

Resolved,  That  it  is  the  sense  of  this  Convention  that  inter- 
marriages and  illegal  intercourse  between  the  races  should 
be  discountenanced,  and  the  interests  and  happiness  of  the 
two  races  would  be  best  promoted  by  the  establishment  of 
separate  schools. 

Mr.  Candler  moved  to  reconsider  the  vote  on  the  ordinance 
legalizing  marriages  ordered  by  military  authority. 

The  motion  was  laid  on  the  table  by  the  following  vote  : 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Andrews,  Benbow,  Blume,  Bryan,  Carey,  Carter, 
Cherry,  Colgrove,  Congleton,  Cox,  Dickey,  Eppes,  Eisher, 
Eorkner,  Franklin,  French  of  Rockingham,  Gahagan,  Gallo- 
way, Gunter,  Harris  of  Wake,  Hayes  of  Halifax,  Llighsmith, 
Hood,  Hyman,  Kinney,  Laflin,  Marshall,  McDonald  of  Moore, 
Morton,  Murphy,  Nance,  Pierson,  Pool,  Ray,  Renfrow,  Smith, 
Stilly,  Stilwell,  Sweet  andTucker — 40. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Baker,  Bradley,  Candler,  Daniel,  Duck- 
worth, Durham,  Etheridge,  George,  Glover,  Graham  of  Or- 
ange, Hare,  Hoffler,  Hollowell,  Holt,  Jones  of  Caldwell,  Len- 
non,  McCubbins,  Merritt,  Patrick,  Parks,  Read,  Rhodes, 
Rose,  Sanderlin,  Turner  and  Williams  of  Wake — 27. 

The  Committee  appointed  to  investigate  the  election  of  Mr. 
Durham,  reported. 

The  report  was  returned  to  the  Committee  with  instructions 
to  report  all  the  facts  that  have  come  to  their  knowledge. 

The  ordinance  for  the  divorce  of  Edward  Shroyer  was 
taken  up. 

The  yeas  and  nays  were  demanded. 

They  were  granted. 

A  majority  not  voting,  it  was  declared  no  vote. 

Leave  of  absence  was  granted  Mr.  Sanderlin, 

The  following  ordinance  was, 

On  motion,  adopted,  yeas  69,  nays  5 ; 


474  CONVENTION  JOURNAL.  [Session 

Those  who  voted  in  the  affirmative,  are : 

Messrs.  Abbott,  Bhvme,  Bradley,  Bryan,  Carey,  Carter, 
Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox,  Duck- 
worth, Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Ga- 
hagan,  George,  Graham  of  Montgomery,  Grant  of  Wayne, 
Grant  of  Northampton,  Gunter,  Hall,  Harris  of  Franklin, 
Hay,  Hayes  of  Robeson,  Hayes  oi  HaKlax,  Heaton,  High- 
smith,  Floffler,  Hollowell,  Hood,  Hyman,  Jones  of  Caldwell, 
Jones  of  Washington,  Kinney,  Laflin,  Lee,  McDonald  of 
Moore,  Mullican,  Murphy,  Nance,  Patrick,  Parker,  Parks, 
Petree,  Pierson,  Pool,  Ray,  Read,  Renfrow,  Rhodes,  Robbins, 
Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Teague,  Trogden,  Tucker, 
Watts  and  Welker— 69. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Durham,  Etheridge,  Graham  of  Orange,  Hare 
and  Merritt — ,5. 

AN  ORDINANCE  FOR  THE  SUBMISSION  OF  THE 
CONSTITUTION  TO  THE  PEOPLE,  AND  THE 
ELECTION  OF  CERTAIN  OFFICERS. 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  That  the  Constitution  adopted  by 
this  Convention  be  submitted  for  ratification  to  the  voters  of 
this  State,  registered  and  qualified,  as  provided  by  the  acts  of 
Congress  known  as  the  Reconstruction  Laws,  on  the  21st,  22d 
and  23d  of  April,  1868.  The  vote  on  said  Constitution  shall 
be  "For  the  Constitution  "  and  "Against  the  Constitution." 
The  said  election  shall  be  held  at  the  places  and  under  the 
regulations  to  be  prescribed  by  the  Commanding  General  of 
this  military  district,  and  the  returns  made  to  him  as  directed 
by  law. 

Sec.  2.  Be  it  further  ordained,  That  an  election  shall  be 
held  at  the  same  time  and  place  as  the  ratification  of  the 
Constitution,  for  Senators  and  Representatives  in  the  General 
Assembly,  and  for  all  State  and  County  officers,  who  are  to 
be  elected  by  the  people  under  this  Constitution. 


1868.]  CONTENTION  JOCTENAL.  475 

Sec.  3.  Be  it  further  ordained,  That  an  election  for  mem- 
bers of  the  United  States  Congress  shall  be  held  in  each  Con  • 
gressional  District  as  now  established,  at  the  same  time  and 
place  as  the  election  for  ratification  of  the  Constitution.  Said 
election  shall  be  conducted  by  the  same  persons  and  under  the 
same  regulations  as  before  mentioned  in  this  ordinance.  The 
returns  shall  be  made  to  the  President  of  this  Convention, 
who  shall  give  the  persons  chosen  certificates  of  election. 

Sec.  4.  Be  it  further  ordained,  That  the  Commanding 
General  of  this  Military  District  is  requested  to  enforce  this 
ordinance 

Sec.  5.  Be  it  further  ordained,  That  the  President  of  this 
Convention  is  hereby  directed  to  forward  a  certified  copy  of 
this  ordinance  to  the  Commanding  General  ot  this  Military 
District. 

The  Committee  on  Contingent  Expenses  reported  as 
follows : 

"We,  the  undersigned,  Committee  on  Contingent  Expenses, 
have  examined  the  account  of  W.  H.  S.  Sweet,  amounting  to 
the  sum  of  eighty-six  dollars,  and  respectfully  recommend 
that  the  same  be  paid. 

JOHN  READ, 
J.  W.  HOOD, 
E.  F.  TROGDEN, 

The  report  was  adopted. 

The  House,  on  motion,  adjourned. 


EVENING  SESSION,  March  16th,  1868. 

The  Convention  was  called  to  order  at  7i  o'clock,  by  the 
President. 

The  Eoll  was  called  and  the  following  members  answered 
to  their  names : 

Messrs.  Abbott,  Ashley,  Aydlott,  Baker,  Benbow,  Blume, 
Bradley,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chillson, 
Colgrove,  Congleton,  Cox,  Daniel,  Dickey,  Duckworth,  Dur- 


476  CONTENTION  JOURNAL.  [Session 

ham,  Etheridge,  Fisher,  Forkner,Franklin,  French  of  Bladen, 
French  of  Rockingham,  French  of  Chowan,  Fullings,  Gaha- 
gan,  Galloway,  Glover,  Graham  of  Montgomery,  Grant  of 
Wayne,  Grant  of  Northampton,  Gully,  Gunter,  Hall,  Hare, 
Harris  of  Franklin,  Hay,  Heaton,  Highsmith,  Homer,  Hollo- 
well,  Hyman,  Jones  of  Caldwell,  Kinney,  Laflin,  Legg,  Logan, 
Marshall,  Merritt,  Morton,  Mullican,  Murphy,  Newsom,  Nich- 
olson, Patrick,  Parker,  Pool,  Rhodes,  Rich,  Robbins,  Rose, 
Smith,  Stilly,  Stilwell,  Sweet,  Teague,  Tourgee,  Trogden, 
Tucker,  Turner,  Watts,  Welker  and  Williamson — 76. 
The  following  ordinance  was  adopted : 

AN  ORDINANCE  APPOINTING  COMMISSIONERS 
TO  INVESTIGATE  THE  ACCOUNTS  AND  AF- 
FAIRS OF  THE  ALBEMARLE  AND  CHESAPEAKE 
CANAL  COMPANY. 

Section.  1.  Be  it  ordained  by  the  people  of  North-Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  au- 
thority of  the  same,  That  E.  W.  Jones,  C.  C.  Pool  and  Ges- 
bourne  J.  Cherry,  be,  and  the  same  are  hereby,  appointed  a 
Committee  to  investigate  the  accounts  and  affairs  of  the  Al- 
bemarle and  Chesapeake  Canal  Company  with  authority  to 
Bend  for  persons  and  papers,  to  examine  and  take  testimony, 
to  fill  vacancies  in  said  Commission,  should  any  occur,  and  to 
report  the  result  of  their  investigations,  together  with  such 
recommendations  as  they  may  deem  proper  to  protect  the  in- 
terest of  the  State,  to  the  next  meetino;  of  the  Convention  or 
Legislature,  and  that  said  Commissioners  be  paid  therefor  the 
sum  of  six  dollars  per  day  each,  when  actually  employed, 
together  with  such  travelling  and  incidental  expenses  that 
may  be  incurred  in  prosecuting  said  investigation. 

The  following  ordinance  introduced  by  W.  H.  S.  Sweet,  was, 
On  motion,  (after  a  suspension  of  the  rules.)  adopted : 


1868.]  CONVENTION  JOURNAL.  477 

AN  ORDINANCE  TO  AMEND  \N  ORDINANCE  OF 
THIS  CONVENTION  ENTITLED  "  AN  ORDI- 
NANCE TO  CHANGE  THE  MANNER  OF  PAY^ 
MENT  OF  THE  STATE'S  SUBSCRIPTION  TO  THE 
•CAPITAL  STOCK  OF  THE  WESTERN  RAIL  ROAD 
COMPANY." 

Section  1.  Be  it  ofdained  by  the  people  of  North- Carolina 
vn  Convention  assembled,  That  section  second  of  an  ordinance 
of  this  Convention,  entitled  "An  ordinance  to  change  the 
manner  of  payment  of  the  State's  subscription  to  the  capital 
stock  of  the  Western  Rail  Road  Company,"  ratified  the  14th 
day  of  March,  1868,  be  and  is  hereby  repealed  and  declared 
of  no  effect. 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  ratification. 

The  ordinance  was  adopted  by  the  following  vote : 

Those  who  voted  in  the  affirmative  are  : 

Messrs.  Abbott,  Andrews,  Ashley,  Benbow,  Blume,  Bryan, 
Carter,  Candler,  Cherry,  Chillson,  Colgrove,  Congleton,  Cox, 
Eppes,  Fisher,  Forkner,  Franklin,  French  of  Bladen,  French 
of  Rockingham,  French  of  Chowan,  Fullings,  Gahagan,  Gal- 
loway, Glover,  Graham  of  Montgomery,  Gully,  Gunter,  Hall, 
Harris  of  Wake,  Harris  of  Franklin,  Hayes  of  Robeson, 
Hayes  of  Halifax,  Highsmith,  Hobbs,  Hollowell,  Hood,  Hy- 
man,  LafTin,  Lee,  Legg,  Logan,  Mann,  Marshall,  McDonald 
of  Moore,  Murphy,  Nance,  Patrick,  Parks,  Pierson,  Ray, 
Renfrow,  Rich,  Robbins,  Rodman,  Rose,  Stilwell,  Sweet, 
Taylor,  Trogden,  Tucker,  Turner,  Watts  and  Welker—  64. 

Those  who  voted  in  the  negative  are  : 

Messrs.  Aydlott,  Ethericlge,  George,  Hare,  Kinney,  MeCub- 
bins,  Merntt,  Mullican  and  Parker — 9. 

The  following  resolution,  introduced  by  Mr.  Sweet,  was, 

On  motion,  adopted  : 

Resolved,  That  the  President  of  this  Convention  is  hereby 
instructed  to  inform  Major  General  Canby,  without  delay, 
that  the  following  offices  have  been  created  under  the  Consti- 
tution of  North-Carolina,  to  be  submitted  to  the  registered 


478  CONVENTION  JOURNAL.  [Session 

voters  of  the  State,  on  the  21st,  22d  and  23d  of  April,  at 
which  time  persons  to  fill  said  offices  will  be  elected  by  the 
voters  aforesaid,  viz : 

STATE  AT  LARGE. 

EXECUTIVE. 

One  Governor. 

One  Lieutenant-Governor. 

One  Secretary  of  State. 

One  Auditor. 

One  Treasurer. 

One  Superintendent  of  Public  "Works. 

One  Superindent  of  Public  Instruction. 

One  Attorney  General. 

JUCIC1AEY. 

One  Chief  Justice  of  the  Supreme  Court. 
Eour  Associate  Justices  of  the  Supreme  Court. 
Twelve  Judges  of  the  Superior  Court, 

LEGISLATIVE. 

Eifty  State  Senators,  to  be  elected  in  their  respective  Dis- 
tricts. 

One  hundred  and  twenty  members  of  the  House  of  Repre- 
sentatives, to  be  elected  in  their  respective  Counties. 

Twelve  Solicitors,  to  be  elected  in  their  respective  Judicial 
Districts. 

In  each  County,  one  Sheriff,  one  Clerk  of  the  Superior 
Court,  one  Surveyor,  one  Register  of  Deeds,  one  Treasurer, 
and  Eive  Commissioners. 

Seven  Representatives  in  the  Congress  of  the  United  States, 
to  be  elected  in  their  respective  Districts. 

Mr.  Nicholson  read  to  the  House  the  Constitution  as  re- 
vised by  the  Committee  and  adopted  by  the  House. 


1868.]  CONVENTION  JOURNAL.  479 

Mr.  Heaton  offered  the  following  resolution,  which, 

On  motion,  was  adopted. 

Resolved,  That  the  entire  Constitution  framed  by  this 
Convention  be  and  is  hereby  adopted. 

Upon  the  passage  of  this  resolution  the  yeas  and  nays  were 
demanded. 

The  demand  was  sustained. 

The  resolution  was  adopted  by  the  following  vote,  yeas  90, 
nays  10  : 

Those  who  voted  in  the  affirmative,  are : 

Mr.  President,  Messrs.  Abbott,  Andrews,  Ashley,  Aydlott, 
Benbow,  Blume,  Bryan,  Carey,  Carter,  Candler,  Cherry,  Chill- 
son,  Colgrove  Congleton,  Cox,  Dickey,  Duckworth,  Eppes, 
Fisher,  Forkner,  Franklin,  French  of  Bladen,  French  of  Cho- 
wan, Fullings,  Gahagan,  Galloway,  George,  Glover,  Graham 
ot  Montgomery,  Grant  of  Wayne,  Grant  of  Northampton, 
Gully,  Gunter,  Hall,  Harris  of  Wake,  Harris  of  Franklin,  Hay, 
Hayes  of  Robeson,  Hayes  of  Halifax,  Heaton,  Highsmith, 
Hobbs,  Hoffler,  Hollowell,  Hood,  Hyman,  Jones  of  Caldwell, 
Jones  of  Washington,  Kinney,  Laflin,  Lee,  Legg,  Logan,  Mann, 
Marshall,  McDonald  of  Moore,  Morton,  Mullican,  Murphy, 
Nance,  Newsom,  Nicholson,  Patrick,  Parker,  Parks,  Petree, 
Pierson,  Ragland,  Ray,  Read,  Renfrow,  Rhodes,  Rich,  Rob- 
bins,  Rodman,  Rose,  Smith,  Stilly,  Stilwell,  Sweet,  Taylor, 
Teague,  Tourgee,  Trogden,  Tucker,  Turner,  Watts,  and  Wel- 
ker— 90. 

Those  who  voted  in  the  negative,  are  : 

Messrs.  Baker,  Bradley,  Durham,  Etheridge,  Graham  of 
Orange,  Hare,  Holt,  McCubbins,  Merritt,  and  Sanderlin — 10. 

On  motion  it  was  ordered  the  delegates  sign  the  Constitu- 
tion in  the  alphabetical  order  of  Counties. 

Before  any  signature  was  appended  to  the  Constitution, 

On  motion  of  Mr.  Lleaton,  the  Secretary  was  directed  to 
note  the  fact  in  the  Journal  that  the  following  interlineations 
were  made  in  the  original  copy  of  the  Constitution,  viz  : 

Article  1,  section  2,  line  one,  "  power." 

Article  3,  section  9,  line  one,  "  have." 

Article  4,  section  33,  line  one  "  several." 

Article  6,  section  1,  line  four,  "  twelve." 


480  CONVENTION  JOURNAL.  [Session 

Article  9,  section  7,  line  two,  "  Superintendant  of  Public 
Works." 

The  following  power  of  Attornies  were  granted  Mr.  T.  A. 
Byrnes,  the  Secretary  of  this  Convention,  to  sign  the  Consti- 
tution : 

Messrs.  R.  T.  Long,  of  Richmond  County;  J.  S.  Garland, 
of  Yancy  and  Mitchell  Counties ;  Jacob  liig,  of  JS^asli  Coun- 
ty ;  W.  G.  B.  Garrett,  of  Haywood  and  Jackson  Counties. 

The  following  resolution  offered  by  Mr.  Abbott,  was,  on 
motion,  adopted : 

Resolved,  That  the  foregoing  Constitution  be  signed  by  the 
President  and  Secretary,  and  that  the  members  who  are  ab- 
sent shall  have  privilege  of  signing  it  between  this  and  the 
first  day  of  July  next. 

Mr.  Abbott  moved  that  while  the  Constitution  was  being 
signed  by  the  delegates  of  the  Convention  that  the  capitol 
bell  be  rung. 

The  motion  was  carried. 

When  the  Constitution  Was  being  signed  by  the  delegates. 

Mr.  Tourgee  moved  a  recess  for  fifteen  minutes,  which  mo- 
tion prevailed. 

On  motion  the  following  resolution  Was  adopted : 

Resolved,  That  the  thanks  of  this  Convention  are  due  and 
are  hereby  tendered  to  the  Hon.  C.  J.  Cowles  for  the  impar- 
tiality, and  industry,  and  faithfulness  with  which  he  has  pre 
sided  over  the  deliberations  of  this  body. 

The  following  resolution  introduced  by  Mr.  Tourgee,  was. 
on  motion,  adopted  : 

Resolved,  That  the  officers  of  this  Convention  be  entitled 
to  and  receive  pay  from  the  first  day  of  the  session  arid  until 
the  completion  of  their  duties. 

The  Committee  on  Contingent  Expenses,  to  whom  was  re- 
ferred the  accounts  of  Messrs  George  O.  Spooner,  James  Bea- 
ton, J.  Howard  Eldridge  and  J.  J.  Sawyer,  have  examin* 
ed  the  same  and  find  them  correct  and  recommend  their 
payment.  JJN'O  READ,  Chairman. 

The  House  on  motion,  adjourned  to  meet  at  7  o'clock,  A, 
M>,  Tuesday, 


1868.]  CONTENTION  JOURNAL.  481 

TUESDAY,  March  17th,  1868. 

The  Convention  was  called  to  order  at  1  o'clock,  A.  M., 
by  the  President. 

Prayer  by  the  Rev.  S.  S.  Ashley. 

A  quorum  present.    ; 

The  Journal  of  Monday  was  read  and  approved 

Mr.  Tourgee  presented  an  ordinance  divorcing  Archibald 
Haney  from  his  wife,  which  was  read  and  adopted : 

AN    ORDINANCE    OF    DIYORCE    IN    FAYOR    OF 
ARCHIBALD  HANEY,  OF  RANDOLPH  COUNTY. 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
<m  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  Archibald  Haney,  of  Randolph 
County,  be,  and  he  is  hereby  divorced  from  the  bonds  of 
matrimony  with  Cornelia,  his  wife,  and  this  ordinance  shall 
go  into  effect  from  its  ratification. 

Mr.  Hayes,  of  Halifax,  then  called  up  the  following  reso» 
lntion : 

Resolved,  That  one  printed  copy  of  the  new  Constitution 
be  sent  to  the  Secretary  of  State  of  the  United  States,  one 
copy  to  each  of  the  heads  of  the  Departments  of  the  United 
-States,  one  to  each  member  of  Congress,  and  one  to  the  Gen- 
eral Commanding  the  armies  of  the  United  States,, 

The  resolution,  was,  on  motion,  adopted. 

On  motion,  the  Convention  took  a  recess  until  9  o'clock,  at 
which  time  the  house  was  called  to  order  by  the  President. 

Mr.  Andrews  introduced  the  following  ordinance  which 
was  adopted : 

AN  ORDINANCE  AMENDING  THE  CHARTER  OF 
THE  CITY  OF  RALEIGH. 

Section  1.  Be  it  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  section  4,  of  the  Charter  of  the 
City  of  Raleigh,  be  so  amended  as  to  read  as  follows  : 

"  Sec.  4.  Be  it  further  ordained,  That  any  qualified  elec* 
31 


482  CONTENTION  JOUENAL.  [Session 

tor  shall  be  eligible  as  Mayor  or  Commissioner,  and  every 
Commissioner  shall  be  a  resident  of  the  "Ward  for  whieh  he 
shall  be  chosen." 

Sec.  2.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  force  from  and  after  its  passage. 

Mr.  Laflin  introduced  the  following  resolution,  which  was 
read  and  adopted : 

Resolved,  That  the  Secretary  be  authorized  to  employ  a 
clerk  to  assist  him  in  completing  his  duties. 

Mr.  Heaton  introduced  the  following  ordinance  : 

AN  OEDINANCE  COMPENSATING  C.  J.  COWLES. 

Section  1.  Be  It  ordained  by  the  people  of  North- Carolina 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  Calvin  J.  Cowles  shall  receive  a 
compensation  of  six  dollars  per  day,  and  mileage  while 
engaged  in  the  performance  of  the  duties  imposed  on  him  by 
the  several  ordinances  of  this  Convention,  and  that  the  same 
be  paid  by  the  Treasurer  of  the  State,  on  the  warrant  of  said 
Cowles. 

Sec  2.  Be  it  further  ordained,  That  this  ordinance  shall 
be  in  effect  from  and  after  its  ratification. 

The  ordinance  was  adopted. 

The  following  ordinance  was  on  motion  adopted : 

AN   OEDINANCE  DIYOECING  EDWAED  SHEOY- 
EE  AND  MAEY  P.  SHEOYEE. 

Section  1.  Be  it  ordained  by  the  people  of  North-Carolina, 
in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  Edward  Shroyer  be  and  he  here- 
by is  divorced  from  the  bonds  of  matrimony  with  his  wife, 
Mary  P.  Shroyer,  and  this  ordinance  shall  be  in  force  from 
and  after  its  passage. 

The  following  resolution  was  on  motion  adopted  : 
Resolved,  That  it  is  the  sense  of  this  Convention  that  th© 
next  Legislature  take  into  consideration  the  condition  of  the 


1868.]  CONTENTION  JOURNAL.  483 

landless  population  of  this  State,  and  if  practicable  devise 
some  means  by  loan  or  otherwise  so  that  all  citizens  of  the 
State  can  be  permanently  located  on  a  small  freehold,  so  that 
all  will  be  fully  identified  with  the  interest  of  the  State. 

On  motion  of  Mr.  Abbott,  the  President  and  Secretary 
were  ordered  to  sign  any  ordinance  remaining  unsigned  at 
the  adjournment. 

The  following  address  of  Messrs.  Rodman  and  Gahagan, 
explanatory  of  the  Constitution,  was  adopted,  and  ordered  to 
be  printed  with  the  Constitution  : 

To  the  People  of  North- Carolina : 

The  Convention  which  met  under  the  Reconstruction  acts 
of  Congress,  to  form  a  Constitution  "  republican  in  form  "  for 
the  State  of  North-Carolina,  preparatory  to  its  re-admission 
into  the  Union,  have  finished  their  labors,  and  now  present 
the  Constitution  to  the  people  of  the  State  for  their  ratifica- 
tion. The  undersigned  have  been  appointed  to  prepare  a 
brief  statement  of  its  most  important  provisions  and  of  the 
principal  changes  which  have  been  made  in  the  former  sys- 
tem of  government. 

The  Bill  of  Rights  states  clearly  "  the  general  and 
essential  principles  of  liberty  and  good  government,"  and 
secures  them  by  all  the  safeguards  which  experience  can  sug- 
gest. The  great  change  introduced  by  the  Bill  of  Rights  is, 
that  it  removes  every  argument  on  which  the  doctrine  of  the 
right  of  secession  has  been  advocated,  and  secures  forever  the 
integrity  of  the  Union  and  the  peace  and  prosperity  of  the 
United  States.  To  the  Union-loving  people  of  North-Caroli- 
na no  defence  need  be  made  for  the  bold  assertion  of  this 
great  principle. 

In  the  Executive  Department  the  changes  appear  to  be 
much  greater  than  they  really  are.  The  names  of  some  offi- 
cers have  been  changed,  and  instead  of  being  elected  by  the 
General  Assembly  as  heretofore,  the  choice  of  these  high 
agents  of  the  people's  will  is  giving  directly  to  the  people. 
This  is  in  conformity  with  the  acknowledged  principles  of 


484  CONVENTION  JOURNAL,  [Session 

Republican  government.  But  two  new  officers  have  been 
created.  First,  Lieutenant-Governor.  The  necessity  for  this 
officer  to  supply  the  place  of  the  Governor,  in  case  of  a  va- 
cancy in  his  office,  was  so  apparent  that  it  was  provided  for 
in  the  proposed  Constitution  of  1865.  No  additional  expense 
is  incurred,  as  he  will  receive  no  pay,  except  while  acting  as 
Governor  or  presiding  over  the  Senate.  Second,  A  Superin- 
tendent of  Public  Works.  A  proper  care  of  the  interest  of 
the  State  in  the  great  and  expensive  Public  Works  in  which 
it  is  engaged  renders,  such  an  officer  manifestly  necessary.  It 
is  a  measure  of  economy.  The  State  has  lost  hundreds  of  thou- 
sands of  dollars  heretofore  for  want  of  the  watchful  attention, 
which  this  officer  will  give  to  the  expenditure  of  the  public 
money  on  internal  improvements. 

Under  the  heads  of  the  Legislative  Department  and  Suf- 
frage aot)  Eligibility  to  Office,  the  change  which  will 
challenge  attention  is  the  giving  the  right  to  vote  and  hold 
office  to  all  the  male  inhabitants  of  the  State,  without  regard 
to  race,  color  or  previous  condition.  This  change  was  inevi- 
table. Without  it  there  can  be  no  return  to  the  Union,  no 
escape  from  the  hopeless  ruin  which  is  inseparable  from  a 
continuance  in  our  present  unnatural  condition.  But  apart 
from  this  convincing  reason,  reflecting  men  must  see  that  a 
prudent  regard  for  the  welfare  of  both  races  and  for  the  peace 
and  harmony  of  society,  required  the  extension  of  the  great 
privilege  of  voting  to  the  colored  people,  and  just  men  must 
admit  that  all  who  are  expected  to  bear  their  share  of  the 
manifold  burdens  of  the  government  at  all  times,  and  to  ex- 
pose their  lives  for  its  defence  in  war,  should  be  allowed  a  full 
participation  in  its  direction.  To  refuse  this  right  to  any 
class  of  the  people  would  be  to  continue  slavery  in  a  modified 
form,  a  course  too  abhorent  to  the  spirit  of  the  age  to  be  per- 
mitted. 

While  giving  suffrage  to  the  colored  people,  the  Conven- 
tion has  not  been  so  inconsistent  with  itself,  and  with  the 
great  principles  of  Republican  government,  as  to  deny  it  to 
any  portion  of  the  whites.  It  is  an  undeniable  monument  to 
the  wisdom,  and  equity,  and  magnanimity,  of  the  Union  peo- 


1868.]  CONTENTION  JOUKNAL.  485 

pie  of  North-Carolina,  that  in  three  years  after  the  close  of  a 
bloody  and  devastating  civil  war,  in  which  wrongs  and  out- 
rages were  endured  that  can  never  be  forgotten,  they  have 
framed  a  Constitution,  in  which  not  a  trace  of  animosity  or 
vindictiveness  can  be  found  ;  in  which  the  wrongs  of  the  past 
are  ignored  for  the  sake  of  the  peace  of  the  future,  and  all 
who  are  now  true  to  their  country,  are  invited  to  participate 
in  its  government.  Such  wise  forbearance  is  certain  of  its 
reward  in  the  approval  of  reflecting  men  now,  and  of  all 
posterity. 

This  may  be  the  proper  place  to  speak  of  a  charge,  which 
has  been  freely  made  against  this  Constitution,  by  those  who 
have  never  seen  it,  and  have  determined  to  defeat  it,  be  it 
what  it  may.  The  charge  is,  that  it  favors  the  social  equality 
of  the  races.  It  is  untrue,  nothing  can  be  found  in  the  Con- 
stitution looking  in  that  direction.  With  the  social  inter- 
course of  life,  government  has  nothing  to  do  ;  it  must  be  left 
to  the  taste  and  choice  of  each  individual. 

Some  persons  have  been  so  bold  or  ignorant,  as  to  alledge, 
that  white  and  colored  people  are  required  to  be  enrolled  in 
the  same  militia  company,  and  white  and  colored  children  to 
attend  the  same  schools,  and  that  intermarriages  between  the 
races  are  encouraged.  All  these  assertions  are  false,  as  any 
reader  of  the  Constitution  will  see.  All  these  matters  are  left 
now,  as  they  were  by  the  Constitution  of  1776,  by  the  Constitu- 
tion of  1835  and  by  the  proposed  Constitution  of  1865,  to  be 
regulated  by  the  representatives  of  the  people  in  the  General 
Assembly.  Any  one  who  denies  the  propriety  of  thus  leaving 
them,  both  impeaches  the  wisdom  of  our  ancestors  and  distrusts 
the  people  of  the  future. 

The  attempt  to  excite  a  false  prejudice  on  these  subjects,  is 
made  for  partisan  purposes,  can  only  tend  to  excite  ill  will 
between  races  that  are  destined  to  live  on  the  same  soil,  and 
ought  to  live  together  in  peace,  and  it  should  be  frowned 
down  by  every  lover  of  the  peace  and  prosperity  of  the  country. 


486  CONVENTION  JOURNAL.  [Session 

JUDICIAL  DEPARTMENT. 

Experience  will  soon  demonstrate  that  the  changes  made  in 
this  branch  of  the  government  taken  altogether,  are  of  great 
value.  Some  may  doubt  the  propriety  of  electing  Judges  by 
the  people.  If  the  people  select  wisely,  no  harm  can  possibly 
result.  The  abolishment  of  the  County  Courts,  rendered 
necessary  a  small  increase  in  the  number  of  Judges  ot  the 
Superior  Courts  ;  and  it  may  be  charged  that  thereby  the 
new  system  will  be  more  expensive  than  the  old.  We  have 
considered  this  matter  well,  and  we  confidently  assure  the 
people  of  North-Carolina,  that  if  the  General  Assembly  shall 
carry  out  in  good  faith  the  idea  of  the  Convention,  they  will 
save  hundreds  of  thousands  of  dollars  every  year,  by  the  in- 
creased despatch,  cheapness  and  certainty  of  the  administra- 
tion of  justice.  We  confidently  invite  the  approval  of  the 
people  to  this  part  of  the  Constitution  ;  it  will  stand  the  test 
of  experience,  and  be  more  valued  with  every  year  of  its  ex- 
istence. 

COUNTY   GOVERNMENT. 

The  Republican  principle  of  local  self-government,  which 
has  been  so  fertile  a  source  of  good  effects  in  the  North-Eas- 
tern and  North-Western  States,  has  been  applied  to  the  ad- 
ministration of  the  local  affairs  of  Counties  and  Townships. 
These  County  Legislatures,  composed  of  five  Commissioners 
of  each  County,  will  be  schools,  where  the  lessons  of  states- 
manship will  be  learned,  which  may  be  afterwards  displayed 
in  the  government  of  the  State.  By  these  various  bodies, 
almost  every  man  is  brought  directly  to  participate  in  public 
affairs.  It  may  seem  a  little  awkward  at  first,  but  it  has  ap- 
proved itself  elsewhere. 

EDUCATION. 

The  Constitution  framed  by  our  ancestors  in  1776,  recog- 
nized the  value  of  education.     It  provided  for  a  University. 


1868.]  CONTENTION  JOURNAL.  487 

This  Constitution  provides  for  a  University  and  for  free  public 
schools  for  all  the  children  of  the  State.  All  may  see  the  dif- 
ference between  the  success  in  life  of  the  educated  and  uned- 
ucated man,  yet  as  often  as  not,  the  uneducated  man  has  been 
gifted  with  the  greater  degree  of  intellectual  power ;  the 
cause  of  his  ill  success  is  that  it  has  not  been  developed.  "We 
propose  to  "  level  upwards,"  to  give  to  every  child,  as  far  as 
the  State  can,  an  opportunity  to  develop  to  the  fullest  extent, 
all  his  intellectual  gifts.  So  noble  an  effort  needs  no  vindi- 
cation. 

Imprisonment  foe  debt  is  abolished,  except  in  cases  of  fraud. 

A  liberal  Homestead  is  reserved  to  the  unfortunate  debtor. 

The  barbarous  Punishments  of  whipping,  branding  and 
cropping,  will  be  hereafter  unknown.  Crime  is  as  often  the 
result  of  an  ignorance  of  the  means  of  getting  an  honest  living, 
as  of  a  criminal  disposition.  Hereafter  a  Penitentiary  will 
be  at  once  a  place  for  the  repression  of  crime,  and  a  school 
for  teaching  the  useful  arts,  to  those  who  are  more  unfortunate 
than  criminal. 

People  of  North-Carolina !  such  is  the  Constitution  which 
we  invite  you  to  to  adopt.  Read  it  carefully,  consider  it 
calmly ;  upon  you  and  yours,  will  the  consequences  of  your 
decision  fall.  You  may  not  approve  every  part  of  it.  We 
can  not  assert  that  it  is  perfect  in  every  part.  You  must  al- 
low somewhat  for  the  differences  of  opinion  inevitable  among 
thinking  men,  and  each  man  must  yield  something  of  his  own 
views  for  the  sake  of  harmony.  If  you  approve  the  general 
scope  and  object  of  the  Constitution,  vote  to  ratify  it.  Do 
not  be  misled  by  the  unfounded  denunciation  of  men  heated 
by  passion  and  reckless  of  consequences.  If  you  adopt  it,  the 
gates  of  the  Union  will  be  opened  for  your  entrance,  we  will 
once  again  enjoy  the  inestimable  blessings  of  Constitutional 
Liberty,  and  may  hope  for  a  continaance  of  peace  and  for  a 
return  of  our  former  prosperity.  With  a  climate  and  soil 
unsurpassed,  with  a  people  highly  gifted  by  nature  with  intel- 
lect and  virtue,  the  State  of  North-Carolina  ought  to  be  a 
great,  rich  and  happy  State.  Laying  aside  all  mutual  crimi- 
nation and  all  prejudice,  and  leaving  the  past  to  bear  its  pro- 


488  CONVENTION  JOURNAL.  [Ses.  1868. 

per  burden  of  sorrows  and  guilt,  let  us  all  unite  to  make  her 
what  she  ought  to  be.  You  have  but  to  will  it,  and  by  the 
blessing  of  God,  it  will  be  done. 

WILL.  B.  RODMAN, 
GEO.  W.  GAHAGAN. 

On  motion,  the  Convention  adjourned. 


*i» 


ERRATA. 

Erom  January  21st  to  February  21st,  inclusive,  in  the  yeas 
and  nays,  " Marshall  "  should  read  "Marler,"  and  "Hall" 
should  read  "  Willliams  of  Sampson." 


INDEX. 


-♦-*- 


PAGE. 

General  Orders,  No.  165,  issued  by  Gen.  Canty,  convening  the  Convention,  -     3 

Oath  administered  to  delegates, 8 

Resolution  in  relation  to  Reporters, 15 

Protest  of  Mr.  Durham  and  others, 17 

"       of  Mr.  Tourgee  and  others, •-       -141 

Standing  Committees, 43" 

Additional  Committees, 52,  59,  94 129 

Message  from  Gov.  Worth, -59" 

Communication  from  General  Canby, 60, 125,  200 

Communication  from  the  Raleigh  Post  Commander, 68 

Communication  from  the  Public  Treasurer,  80,  85 

Statement  of  votes  cast  for  delegates, 99 

Resolution  of  thanks  to  General  Miles,  - ' 171 

Communication  from  General  Miles,  ..-...--.--     199 

Report  of  the  Committee  on  Rules, 20 

"  "       <^6h  Contingent  Expenses, 61 

"  "        jbn  Executive  Department, ., 72 

"  "         jro.  Militia^ ',-       -      — —  -       96 

"  '•  on  Disability,  ---,----  150,414 

"  "        /on  Preamble  and  Bill  of  Rights, 165 

"  "         ion  Corporations  other  than  Municipal,        -  176 

"  "         M?n  Judiciary,  requesting  instructions,  ....      180 

"  "         ten  Legislature  and  its  organization, 189 

"  "         Kin  Homesteads, 219 

"  "  on  Suffrage  and  Eligibility  to  Office, 232 

"  "  on  Congressional  Districts, 242 

"  "         .  on  Judiciary, 258 

"  "         um  Punishments  and  Penal  Institutions,         ....     292 

"  "         vra  Finance,  304 

"  "         ^>n  Counties,  Towns,  &c , 314 

"  •'         v»h  Education,  &c, 338 

"  "  on  Justices  of  the  Peace,  376 

"  "  on  Mechanic's  Lien,        , 380 

"  "  on  Miscellaneous  Provisions,    .  428 

"  "  on  t^e  Article  entitled  "  Amendments,'"    ....  468 

Address  of  Messrs.  Rodman  and  Gahagan.  to  the  people  of  North-Carolina,        .       .     483 


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